HELP - Cease and Desist Order!

Billy8
Level 1
Gainesville, FL

HELP - Cease and Desist Order!

What are my options?  Has anyone been able to fight this?  I do not want to lose my bnb rights.  Thanks in advance.

9 Replies 9
Deborah70
Level 2
Shawano, WI

I received a letter from our local zoning administrator saying that we had to stop all business and go before the City Planning Commission and pay a room tax immediately.  

 

I checking into the municipal code and we are NOT operating a Bed and Breakfast as they are saying.  We do not do breakfast, only snacks.  

 

Maybe we can help one another on this topic.  Hoping others share too.

Deborah70
Level 2
Shawano, WI

I received a letter from our local zoning administrator saying that we had to stop all business and go before the City Planning Commission and pay a room tax immediately.  

 

I checking into the municipal code and we are NOT operating a Bed and Breakfast as they are saying.  We do not do breakfast, only snacks.  

 

Maybe we can help one another on this topic.  Hoping others share too.

I do not know your situation, the issue seems to arise where short term rentals are not allowed, less than 30 days

David
Roger17
Level 10
Thomaston, GA

Hi Billy - I called my little town's code enforcement officer before I started this and they told me I didn't have to have anything as I was renting less than 5 rooms.  A few weeks ago I attended a County Commissioner;s meeting to complain about a road expansion our State's DOT is doing.  Two days later, the code enforcement officer called and now I have to have a business and tourist license so I have to play along.  In small west central Georgia, we have a lot of good ol boys with tiny tiny mentalities.  I haven't received a cease and desist notice but wouldn't be surprised.  I would start by going to your city government and ask to see the documents detailing this type of business.  Keep in mind it's not a bed and breakfast unless you serve prepared food.  Best regards, Roger

Tiny tiny mentalities  - maybe they don’t want to live next to or nearby your tourist polluted business in a residential community, no influx and revolving door of idiots, suitcases and cars cars and more cars . Think !

lesson learned. DO NOT COMPLAIN ABOUT ANYTHING or they will come down on you quickly! 

 

Here they told me I could "operate a business in a residential area". My tinyhouse airbnb is hardly a "business" BUT they jacked my property taxes up by $1200 a year and then whacked me with an inventory tax on all items I use "in my business"... another $1200 a year. 

 

Yes, I could fight that but then they're going to come down on me. Not fighting it and just paying the extra $200 a month has made them leave me alone. 

 

The squeaky wheel gets the grease. Sometimes you want to be the quiet wheel. 

Allison2
Level 10
Traverse City, MI

Give a call to whatever agency sent you the letter & try to get an understanding of what regulation or law they think you violated. Ask for the statue number or how you can get a hold of a copy. See if you agree - if so, ask them what you can do to get on the right side. If you don't think your listing violated anything, ask what you need to do to appeal or explain your case.

 

You have to check in with every level of government/regulation you live under - landlord, HOA, City, County, State - to be sure you're operating legally. The city clerk was very nice and well meaning in telling me I didn't need to do anything on a state level - that the city permit was enough - she wasn't right though. Look through the host responsibilities to see if there's any other spot you overlooked before you started hosting:

https://www.airbnb.com/help/responsible-hosting

 

And not serving breakfast doesn't necessarily exempt you - in my area ANY person renting up to 3 bedrooms requires a license, whether you serve breakfast or not. It's great to hear everyone's experiences here, but other states' laws don't matter much in Florida. Do your own research.

Most townships, especially my little town here in Pennsylvania, have outdated ordinances and have not yet adapted to the sharing economy of the 21st century. Chances are there will be nothing in the code books about short term rentals. Nothing says they are - or not- allowed. It's gray area.

 

Hosts can band together to convince the township to change ordinances, but it may take a fairly large group of them.

 

 

Salli3
Level 2
Buffalo, NY

Your ‘Airbnb rights’ ??!! That’s the usual most common attitudes held by this wretched industry. Please be informed that it is an infringement, causing spillover onto communities, neighborhoods and everything g else . Parking . Safety , security, quality of life, privacy, etc.  there’s no such thing as ‘ AIRBNB RIGHTS’ that’s an oxymoron.