Short Term Rental
Many property owners in Austin, TX are faced with short-term rental disputes and litigation regularly.
There are three types of licenses you can apply for to operate as a short-term renter:
- Owner-occupied properties;
- Nonowner-occupied properties;
- Investment companies (e.g. guilds).
It is illegal to have a vacation rental for thirty days or less without a permit. Before you book or buy properties, learn about the legal history of short-term rental in your area. While this may be a convenient way to earn extra income, you need to consider all legal aspects before engaging with a short term rental property.
Short-Term Rental Dispute Austin
Our Austin real estate attorneys will help you structure your short-term rental business to minimize disputes.
Some common violations you may encounter in courts include:
- Misplaced or stolen items from the household;
- Property damage and broken amenities in a single-family residence;
- Violations of deed restrictions and ordinance from nuisance, alcoholism, and noise pollution.
Are short-term rentals legal in Austin?
Short term renting has been a controversial issue in Austin for years. The city has taken quite some time to regulate this new form of housing. Airbnb is also taking some time to figure things out with the City Council. Still, many firms in Texas have started to take an interest in the subject.
Property owners have taken to court to have restrictions on short-term rental business lifted. Gottfried Alexander Law Firm offers legal assistance whenever you need help in the courts or before you lease your property.
Our legal team will advise you on all legal matters and what options you can take to get justice in case of damages or contract breach.
Is Airbnb allowed in Austin, Tx?
Despite the Texas legislature’s attempts to regulate this sector, there are questions about whether this lease can still exist. Authorities don’t enforce the Short Term Rental code, and violations that occur are not being enforced in real-time by the city authorities.
A few issues make regulation necessary, such as;
- landlords fall for scams by improper leasing agreements signed by vacation renters or third parties, losing thousands of dollars.
- They present unique problems for other tenants and neighbors. Disruptions from parties, loud noises, alcohol use, and damages to the property are just a few issues that may arise.
Short-Term Rentals Litigation in Courts
Short-term rentals refer to the temporary occupancy of a property in less than 30 days. Residential property owners are required to apply for vacation home retail licenses. Austin courts set deed restrictions for all owners who don’t live in their properties.
Not all properties are eligible for short-term rentals as per the limitations. The restriction and regulations in courts show that renters can occupy these areas at any given time. Austin has increased deed restrictions on the number of licenses due to the increasing number of disputes on these residences.
Are short-term rentals allowed in Texas?
It is essential to follow the strict rules of short-term rentals. The fate of your business depends on whether or not you are following applicable laws and regulations set by the city ordinance, as well as any court hearing that may take place regarding violations.
You need professional assistance in understanding these policies so that there will be no issues with getting a permit for this type of rental property or abiding by advertising channels set out at specific venues such as websites where renters can book properties online. However, they must also abide by the standards put forth during their stay within your space, including providing exhaustive evidence if anything goes wrong while renting from you, and other parties involved agree upon what’s expected beforehand.
Before you lease out your home to any vacationers, it would be best you seek legal help to understand the legal procedure. We have experienced real estate lawyers to get you the legal services needed for these matters.
Texas Supreme Court In Broad Property Rights Decision Allows Short Term Rentals as a "Residential Use"
To avoid costly legal battles, cities are looking for ways to regulate short-term leases. The courts try and regulate the residences but find a lot of challenges still exist. However, the Supreme Court decision on this issue helps people understand how these laws affect their temporary homes in an upcoming article here at our Austin Legal Counsel Practice Group! Check out what we have found so far:
The law of single-family home restriction applies not only to its structure or actual use but also includes occupancy limitations, regulation of live music rules with sound equipment regulations.
It would be best to get updated before you rent a property. Contact us today for a free consultation.