Neighbors suing us for having an AirBnB

Elizabeth2980
Level 1
Holland, MI

Neighbors suing us for having an AirBnB

Our neighbors threatened to sue us, our HOA President (who has helped us significantly work to appease these neighbors) and our HOA board if we do not shut down within two weeks.  

 

Nobody can figure out why they do not like the AirBnB other than their legal threat (from their lawyer - this is a real threat) that it "puts the neighborhood in significant danger" and they do not feel safe.  Both my husband and I have tried to separately speak to these neighbors to address their concerns, and BOTH denied feeling unsafe or seeing any rule violations other than "It’s not allowed." Our guests all park in our driveway, we are home (AirBnB is a room in our primary home) so we know there has been no parties, and other than going to/from their car nobody should have even seen them!  So we told them we would be neighborly and shut down once all of our current bookings were finished in August (3 months out from the second conversation with them).  Well...now we are looking at a lawsuit.  

 

Neighbors pursuing legal action tell the board members different reasons, nobody can figure this out and why, and frankly I am afraid they just want to sue us to get more $$ and are making things up.  They have had 3 other lawsuits unrelated JUST THIS YEAR (And having been neighborly person I am, she told me she was suing her extended family several years ago).  Seems like this is who they are and what they do.  But it has now become personal to me as they are going after us but refusing to talk to us.  

 

I don't know how to protect myself other than spending a ton of money to hire a lawyer.  Honestly - it breaks my heart to have to shut down because I LOVE meeting people through AirBnB and hosting - it is a joy in my life that is unfairly taken from me.  But now i simply want to have peace of mind that these awful neighbors who just slap lawsuits anytime they don't like something as if there are no real people involved.  Can AirBnB do anything for me?

5 Replies 5
Mike-And-Jane0
Level 10
England, United Kingdom

@Elizabeth2980 I can't see that Airbnb can help you. Do you really need a lawyer to defend a frivolous lawsuit? If you truly have no idea on what basis they are suing you I would have thought it will be an easy win for you. Is it possible to see how their other lawsuits have gone?

Finally why not continue to host? If they are suing you either way then you may as well keep going.

Fred13
Level 10
Placencia, Belize

    They are threatening to sue, not actually done so they will have to go through quite a few reality checks and expensive hoops before doing so.

    The fact they do not like Airbnb or they feel it  "puts the neighborhood in significant danger" has to be proofed not imagined. As long as you have the HOA with you, this mean-spirited fruitcake has no standing; but if you choose to close down is your choice, shouldn't be theirs.  

    Granted we live in a time where any absurdity has the possibility to be viewed as normal (or legal), but this one really takes the cake.

   

Jon4303
Level 1
Meridian, ID

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I wouldn’t shut down your Airbnb. You are in the home with the guest, to monitor them. Your neighbors think the guest could be a potential danger! 
At least they have reviews, from previous stays. 
You could legally, let your ( example), brother in law live at your home, after getting out of jail convicted of a violent crime. 
I would hope  they should feel better about these guests having a few reviews from other hosts. 
Please continue to rent out your room!:)

Lorna170
Level 10
Swannanoa, NC

@Elizabeth2980   What if the people visiting your home were relatives, great friends or other persons who are not paying for the overnight stay?  What would the neighbor do then?  My immediate family is over 50 persons -- I could host every weekend to a different sibling, child or grandchild, let alone the in-laws.  I can just see your neighbor taking down all of the different license plates.

 

As long as you actually live in the house, I don't see how the neighbor has a leg to stand on, but I am not a lawyer and I do not know what the rules of your HOA, State, County or municipality are with respect to an STR within your own home.  Did you have to get a license?  Did you have to pass zoning?  Are you a registered business for tax purposes?  

 

If you are abiding by the rules and the law, get a lawyer.  You should be able to invite whomever you want into your home.