notice of zoning violation

[D0]

I just got back from a great airbnb trip to ibiza Spain.  I received a letter from my township that is a notice of a zoning violation cease and desist.  I have  my place rented most of the summer for the weekends.  They said I am operating a bed and breakfast.  It comes down to a neighbour that does not like the idea of me listing on airbnb.  so ignorant.  

Anyway, any insight is appreciated. Have you had any experience with the township or zoning.  I am so upset.  I have my house rented a lot this summer.  I love airbnb.  i think it is amazing.  Any input or knowledge would be appreciated.  how to approach this situation.  I have been researching since my arrival home.  way to come back to reality of a closed mind.  

[Peter3487]

As this is an international website, I don't think anyone can or should offer advice with such certainty on matters of law and compliance. Rules differ not only by country, but state/province and within the boroughs of the same city.

In particular, in a small town with limited professional staff, and potentially pushy and arrogant local commissioners, asking for permission first can be to your disadvantage.

To me -- and I'm not a lawyer myself -- the person you should be asking is a knowledgable real estate lawyer, not some civil service employee for whom the easiest answer is often "no."

[David1144]

I got a cease-and-desist order in San Leandro has anyone ever gotten one if so can you please help me regarding situation thank you

[Curt0]

Hi David,    ........Cease and desist in San Leandro

First off relax and do not panic.   A cease and desist order is an "opinion letter" by whoever sent it.  Anybody can write one.  This person may not even have a legal background.  You have not yet been charged with a violation.  While I am not a lawyer I know this as it has come up before.  Who sent you the letter and what do they claim you are in violation of?  I can guess but please supply us with more information.   Is this the first communication with your town government on this issue.  They most likely believe you are operating a whole house short term rental of less than 30 days which could be against your town's zoning ordinances.  You can look your local regs on line.   Please provide more information.   Regards,  Curt Peterson

[Curt0]

Hi David,

Also you do not need to reply immediately or at all depending on your circumstances.  Wait until you understand all of the issues and your town's regulations.   But again fill us in on your airbnb host property and how you operate.  Curt

[David1144]

There's never been any loud parties or disturbances I am a super hose and I depend upon this income my brother and I just got the letter yesterday I'm not panicked but I am concerned it's a 4 bedroom home in a beautiful neighborhood of San Leandro all my guests have been very considerate and nice most of the time they're not even there sleep there as most of my Airbnb

[David1144]

Yes it came from the chief of police certified but I haven't done anything or reply to it I'm waiting to get more information from nice people like yourself most of the time the place is rented for weeks at a time and they're all Silicon Valley people most of the time

[Curt0]

Hi David

What did it expicitly say?   This will come down to strictly law and not someone's opinion that they do not like Airbnb.   So if your town's zoning laws say no short term rentals, less than 30 days,  then you would be in violation of a zoning ordinance.  Typically towns have fines of up to $500/ day for each infraction.  But lets not get the cart before the horse.  So again what did they say?

Here is what I would do and I can help you through this.  Go to your town's web site and look up the zoning regulations.  It is all on line.  Determine your zoning district (R1 or R for residential, C for commercial and others).   Then go to that section of the code and see what it says about rentals.   Lots and lots of towns limit short term rentals to 30 days meaning that you cannot rent out the WHOLE house for less than 30 days.  If you are in a C or commercial zone you would most likely not have this restriction. 

So you may have to change your listing to 30 days minimum and price accordingly.  So you would have a 30 day rental period contract, but not shorter. 

Please provide more information.

Curt ***

[Jenny190]

Do you know if they can charge this to you for all the years I have done it?  I have just been told to shut mine down in Suttons Bay and I am devastated.

[Curt0]

Sorry,  thought I replied a few days ago.  What do you mean by charge you?   What specifically did the letter or a verbal communication from a village official say?   You need to go online and review your zoning code and determine if what you are doing is legal in your zoning district.  I am not a lawyer but am well versed with zoning in Peninsula Twp (not SB).  Let me know what they said.    Regards,  Curt Peterson  OMP   989-245-2758

[David1144]

Thank you so very much for your help is much appreciated

[Robert639]

We are just buying a house in Newport, RI.  We were excited to occasionally AirBnB it out, and indeed this was part of our equation for buying it.

Newport seems to be getting a real bee in its bonnet about this stuff.

Everyone is talking about this story:

http://www.newportri.com/newportdailynews/news/page_one/landlord-fined-k-for-illegal-rentals/article...

We talked to the Zoning office today - "Absolutely not!" was their answer to the question about hypothetical short term renting in our zone.  They have just hired Host Compliance LLC (https://hostcompliance.com) to search and destroy the AirBnB biz in Newport. 

So we're thinking of backing off on this idea.  This may even change some of our decisions on how we upgrade the house.  Our mantra has been (it will be good for the guests), but that may not be a consideration any longer.  Sad, really.  We live on our sailboat almost all summer and it would have been great to have the house bringing in some revenue during the summer vacation rental season.  We will still consider long-term legit rentals (which I think means > 30 days). 

According to the woman at the zoning office, we could apply for a variance.  But even if it succeeded that, she said the building code office is 100% denying these requests.  There is just no way to do it legit in Newport.