Air B&B Litigation?

[sbushee]

My wife and I just stayed at an air b&b in grandbury about a month ago. I wonder if it was this one?

[JHT]

It could always be worse if he sells it to some schleps and they would live there 24-7.

Think outside the box. When the renters throw a party the 31 of you distraught neighbors need to start showing up to the parties. Taking lots of pictures since the owners asked you to.

There are plenty of ways you can assure first time renters won't come back if you make it uncomfortable for them.

I have lots of family in Granbury. At population of 80K the gossip small town talk still exists. More than likely its someone local setting up the parties. Word gets out the house is being watched they will find another.

[bigbad243]

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.

You are screwed, the Texas Supreme Court ruled against us in my neighborhood and sided with the property owner.

[E.TX.BOWHUNTER]

Most counties have noise restrictions. DB meters are cheap. I would do some recording to see where this route would go too.

[bigbad243]

https://www.avalara.com/mylodgetax/en/blog/2018/06/texas-supreme-court-rules-in-favor-of-short-term-rental-owner.html

[Dave]

Call the Sherif every time you see anything violating anything. Noise violations, trash, parking, every little nit picky thing and keep a written record of it. I know, it sucks to be that guy but this is your only option at this point. Then when you have a long list of violations from his tenants start going to AirBnB. They will sanction him and the renters won't want to come back because they will have been harassed by the Sheriff.

[jaker_cc]

Here is my take. Sorry that you have a bad neighbor but he owns the place and he should be able to rent it out if he wants too. That is how ownership should work. The only solution should be to buy him out or move yourself. His rights don't stop just because his neighbors do not like him.

-john

This is how I see it. If there wasn’t language in the agreement when I bought it, I would fight you tooth and nail if you tried to add it after the fact as well. Surely all 31 of the homeowners in that community aren’t bothered by that one house being rented out. Perhaps it’s just you speaking for all of them because he’s your neighbor?? It’s a bum deal for sure but just cause you aren’t happy about the situation doesn’t mean he has to stop.

If it’s rented out all the time then keep your house when you move and rent it out. If you can’t beat em, join em. Might as well make some money and have someone else pay for the house.

[JHT]

Call the Sherif every time you see anything violating anything. Noise violations, trash, parking, every little nit picky thing and keep a written record of it. I know, it sucks to be that guy but this is your only option at this point. Then when you have a long list of violations from his tenants start going to AirBnB. They will sanction him and the renters won't want to come back because they will have been harassed by the Sheriff.

From what the OP stated they have already tried this approach with no results.

[friscopaint]

Bad deal but I have to side with the property owner, same as I would for hunting their side of the fence line.....there I said it. Our sheriff's office is to busy to be chasing sound complaints and spread to thin to get involved in a civil issue like this. Only winner in a lawsuit is the attorneys.

[meltingfeather]

That's the flip side of property rights-- I'd exercise the legal avenues you have to make it as much of a headache and/or unprofitable for him as possible.
Another approach would be trying to negotiate with him for some compromise, though it sounds like it may have already gotten past that.

[GA Bowhunter]

Everybody hates HOAs until they need an HOA.

Does the guy have a business license? Will the municipality allow a commercial operation in a residential neighborhood without a rezone?

[SL1]

https://www.avalara.com/mylodgetax/e...tal-owner.html

Well...I guess you can operate a commercial business on residential property, regardless of the zoning.
Boy, does that get the toe in the door.

I wonder if that judge would have ruled the same way if he was in the original posters position?

[bigbad243]

Well...I guess you can operate a commercial business on residential property, regardless of the zoning.
Boy, does that get the toe in the door.

I wonder if that judge would have ruled the same way if he was in the original posters position?

Why do you think this suit was brought up? VRBO house was being used to party and would constantly have 20-30-50 people wasted and on drugs causing issues with the neighbors/neighborhood. Loud music, trash, same issue OP is having. That was all presented as evidence. Didnt matter...

[bigbad243]

Also, it doesnt stop the HOA/POA from issuing fines as it relates to covenants.... But the ope doesnt have that, only deed restrictions which typically talk about building requirements, set backs etc.

[dphillips62]

Spring will be here soon. Be on the lookout for some baby skunks, Find you a vet that will destink them. Feed them twice daily on the front porch of said house. Problem solved