Air B&B Litigation?

[kumathebear]

Sorry to take up "hunting posts," but just in case there are any TBH'RS who have dealt with this I and my neighbors would appreciate any responses:

Our small sub-division has an "absentee owner in Florida" who has been renting out his previous home as an Air B&B for 3 years now. The "rental" is right across the street from us. We have a small sub division just out of the city limits of Granbury with 31 home owners.

This guy will rent to anyone and it's frankly been a mess now for several years. Up to 17 cars and trucks blocking the road, trash scattered when they leave and the Covid has not slowed him down at all. We have out of state vehicles, neighbors docks "next to the rental" that have had some stolen property, loud parties and it goes on and on. The Sheriff's department even showed up this past summer due to some folks causing problems.

We recently, with a majority of property owners, amended the deed to prevent any short time rentals of less than 60 days. The "owner" sent all of the sub division owners a letter stating it was unlawful and basically he would do what he wanted with the house as a short term rental. He has previously ignored and refused even certified letters regarding our concerns. The only proof we have had recently was after he accepted a Fedx letter then he responded a week ago we all were unlawful and he would do what he want's.

So, there, long winded but looking for any success or even failures that any of you have been party to battling this type of situation? Our sub division does NOT have an HOA but the deed does restrict certain behaviors and property restrictions filed with the county. Oh, Hood County Attorney, Commissioner and even the Fire Marshall has been NO help.

Any comments from your experience that might provide us some guidance is appreciated.

[glen]

He bought the property without restrictions. I would think you will have a hard time winning anything. Now if you were inside a city limits and the city developed an ordinance forbidding it it would be different story.

[KEGLEG]

You can complain to airbnb and they will listen to your case. If they side with you he can be reprimanded on his his Airbnb account. They will want photos and/or proof of LE calls for service.

Good luck


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[CaptainDave]

He bought the property without restrictions. I would think you will have a hard time winning anything. Now if you were inside a city limits and the city developed an ordinance forbidding it it would be different story.

I agree with the above. From a legal standpoint, I'm not sure. However, as an example, my parents live in a large bay-house community; which put restrictions on short-term rentals several years ago (probably 20 + years ago). However, there still are a few homes that are "grandfathered in" and allowed short-term rentals. That was due to them being owned prior to the restrictions. What I'm not sure about is why that was done. Was it to appease some owners to get the restrictions passed or did they not have the legal rights to do so?

Regardless, it sounds like your situation stinks. I would hate to live next to a short-term rental and have new people coming and going all the time. Not to mention any that are on vacation..

[kumathebear]

Thanks for the responses so far. Glen, you are spot on with my thoughts as I have done a LOT of research on past, pending and even one case currently on appeal to the Texas Supreme Court. In short, there has been little success with lawsuits on these type of cases. In fact, what influenced me to see if there was any success stories with this OP was the quote an attorney furnished one of our property owners today. Estimated cost of law suit to enforce the deed restrictions at $20K, but again, history states it's a "crap" shoot at best for any relief from what I have researched.

KEGLEG, we have contacted Air B&B twice now and furnished what you suggested, no response. Interesting to note that approximately 2 months ago we heard on the news that Air B&B had changed their maximum occupancy to 16 per Covid concerns.

[tps7742]

I am not sure legally but is it possible to start up an HOA etc. etc. and go that route?

[Mike]

If I read it right, I agree with Glen, he bought it without restrictions so he can do as he pleases. To amend the restrictions or create a HOA, he would be grandfathered in either case.

The only possible option I can suggest would be to find out if he has a mortgage, if so, who the Lien Holder is and start with them? Many lenders do not allow subletting but some do.

[hunt247]

He bought the property without restrictions. I would think you will have a hard time winning anything. Now if you were inside a city limits and the city developed an ordinance forbidding it it would be different story.

This is what I was thinking too.

[Take em]

Easiest is to buy him out and then you own it or move unfortunately


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[Biggs]

I REALLY hope you cant legally put deed restrictions on his property!

Truly, it sucks you’re dealing with this but his property rights outweighs your inconvenience.
You can move if you don’t like it.

[kumathebear]

I REALLY hope you cant legally put deed restrictions on his property!

Truly, it sucks you’re dealing with this but his property rights outweighs your inconvenience.
You can move if you don’t like it.

Well, that's our next step, putting our's up for sale. And yes, us and 30 other home owners don't like it but as they say, "It is what it is," I guess? Hope any of you folks don't ever have to face this type of situation. Again, not how we wanted to spend our so called Golden Years.

[one66stang]

Unethethical but each of you 31 could take turns renting the house for 1 night and leave bad reviews. That should slow the traffic down.

[Tx.Fisher]

Unethethical but each of you 31 could take turns renting the house for 1 night and leave bad reviews. That should slow the traffic down.

No, that’s a good idea....what’s is unethical is his neighbor renting out the house and having zero regard for the people that actually live there and deal with his crap.

OP, I’m sorry y’all have to deal with that idiot. I’d imagine he’s paying his mortgage off of the income from the house, that’s why he doesn’t care who rents it.

[coker737]

Had a lady that lives next door mention she was going to rent the home out as an Air B&B. I and the other neighbors advised her that the first noise we hear we are calling the Police. Time after Time. She changed her mind

[brushtrooper]

Unethethical but each of you 31 could take turns renting the house for 1 night and leave bad reviews. That should slow the traffic down.

This is the best idea so far. I am sure some of the TBH crew could be counted on for leaving bad reviews/comments etc