Navigating the Neighborhood: How to Address Illegal or Unwanted Short-Term Rentals

Living next to an Airbnb can be a double-edged sword. On one hand, it adds to the neighborhood's diversity and economic growth. On the other hand, it might lead to noise complaints, messy trash, or other unregulated activities that disrupt your peace and quiet. If you find yourself dealing with a neighbor's illegal or unwanted short-term rental, what can you do? This article will guide you through the steps and strategies to address these issues legally and effectively.

Understanding the Legal Grounds

Before taking any action, it's important to understand the legal landscape. If your neighbor is operating their short-term rental illegally or in violation of your community's rules, there are steps you can follow to try and stop it. First, identify if there are any specific regulations or laws that the rental is breaking. This could include noise ordinances, parking rules, or environmental codes.

Documentation Is Key

When dealing with a potential violation, extensive documentation is crucial. If you notice any illegal or unwanted activities, record and document them immediately. Take photos, record videos, and keep detailed notes of any observations and incidents.

Calling Code Enforcement

If you believe the short-term rental is breaking city or county laws, contact your local code enforcement office. They can provide information on specific ordinances and help you understand the enforcement process. If the rental continues despite your reporting, they may be able to issue fines or take other legal actions.

Engaging in Community Efforts

While individual action is important, it often requires support from your neighbors. Gather signatures or organize a community meeting to discuss the issue. Have a united front when reaching out to local authorities. A single neighbor disagreeing can be enough to sway decisions in court.

Loading the Legal Arsenal

If the Airbnb continues to operate despite your efforts, it's time to load your legal arsenal. Here are some steps you can take:

Working with HOA Regulations

If you live in a Homeowners Association (HOA) community, check the covenants and bylaws carefully. Many HOAs include restrictions on short-term rentals, even if they were written before the rise of Airbnb. These rules can provide a legal basis for challenging the rental.

Seeing Your City Hall

Document your findings and present them to the appropriate city department, often the Business Office or the Department of Planning and Zoning. If there are violations, you'll need detailed, documented evidence to support your case.

Direct Action Against the Host

Direct action can sometimes be necessary. Here are some strategies:

Police Involvement

In cases of noise complaints, public disturbances, or other illegal activities, call the police. Report specific incidents and provide evidence. Document the time, date, and description of the incident. For example:

I am in my living room watching TV. The windows are closed. The noise that you hear is coming from my neighbor’s Airbnb guests. I have had to turn up my television to be able to enjoy the comfort of my home. This is in violation of the noise ordinances of X Town. I will sit here…at 8 p.m…. quietly as you hear the noise… I will now show you that my windows are closed and I will show you the volume setting on my TV... you can hear the noise from the Airbnb clearly over my television. I will now walk outside and walk to the offending house to ensure a response and charges are made to the correct and proper people.

Documenting and Reporting Trash and Parking Violations

For issues like litter or improper parking, document the situation. Take detailed photos and videos. Report these incidents to the appropriate city department and provide documentation to support your claims.

Long-Term Solutions

In severe cases, legal action may be required. As seen in the Denver case involving a house used as a drug den, sometimes the only resolution is to take the neighbors to court. However, this is a last resort and can be costly and time-consuming. Consider all options carefully and consult with a lawyer if you believe legal action is necessary.

Conclusion

While dealing with a neighbor’s illegal or unwanted short-term rental can be frustrating, it's important to approach the situation with strategy and patience. By documenting incidents, engaging with your community, and understanding the legal landscape, you can take steps to address the issue effectively. Remember, the goal is to maintain a peaceful and legal living environment for all neighbors.