How Do I Stop Neighbors From Using Their House as an Airbnb or Other Type of Vacation Rental? (2024)

More and more American homeowners are noticing that their neighbors not only seem to have a lot of guests going in and out, but are actually renting the place out to vacationers, perhaps on a site such as Airbnb. That can mean regularly having new temporary neighbors, who might stay up late enjoying the hot tub and drinking or playing loud music.

Is there a way to get your neighbors to stop using their house as a short-term rental altogether so you can sleep again?

Step One: Try Addressing the Vacation Rental Issue Informally With Your Neighbor

As with many neighbor disputes, it's often best to first try to resolve the matter informally. It's possible the owners are unaware of the problem, since they aren't around to witness the behavior of their short-term tenants. Alerting them to your concerns and suggesting solutions, such as posting "house rules" for the renters to abide by, might be useful.

If an informal conversation is not beneficial, mediation might work.

Step Two: Check the Local Law or Community Rules on Short-Term Rentals

In some U.S. jurisdictions, short-term rentals are regulated. For example, to limit the number of vacation rentals in a single neighborhood, a city might not allow someone to use a house as a vacation rental if there is another vacation rental within 250 feet.

To see whether vacation rentals are regulated in your area, review the applicable zoning ordinance (also called a "development code"). If the zoning ordinance is unclear, call the local planning department for help or hire a land use attorney to help you determine whether any regulations or restrictions apply to the use of your neighbors' property as a short-term rental.

If you live in a developed community, also consider is whether any private covenants, conditions, and restrictions (CC&Rs) prohibit short-term vacation rentals or control noise. For example, if your house is a condo or townhouse in a subdivision with CC&Rs prohibiting loud noises after 10 p.m., you might be able to file a complaint with the homeowners' association.

If your attempts at informal measures (above) got nowhere, it might be worth trying once more, armed with any new legal information you found; or perhaps writing a warning letter to your neighbor.

Step Three: Alert the Zoning Department to Violations

If you discover that your neighbors are using their house as a vacation rental in violation of the zoning ordinance, one option is to file a complaint with your local code enforcement department. The department will investigate the use of the property.

Through this process, your neighbors will receive notice of the complaint and pending investigation. If code enforcement confirms a violation of the zoning ordinance, your neighbors may be ordered to stop using the property as a vacation rental or else face a penalty, such as a fine.

Step Four: Look Into Enforcement of Nuisance, Noise, and Related Ordinances

Even if using the property as a vacation rental does not violate a zoning ordinance, most jurisdictions also have laws prohibiting nuisances and obnoxious noises. A nuisance is usually defined as: "something that interferes with the use of property by being irritating, offensive, obstructive, or dangerous."

There might also be noise regulations that prohibit, among other noises, "any yelling, shouting, hooting, whistling, singing or other human-produced noise that is unnecessarily loud."

Noise and nuisance regulations are usually enforced by the local law enforcement agency, so you will need contact local law enforcement. A call from the police might serve as a wake up for your neighbors.

Step Five: Consider Filing a Lawsuit Against Your Neighbor

Although a lawsuit involves time, money, and risk, it's another option to consider. If the noise and partying is excessive, there might be a basis upon which to claim "private nuisance." You can ask the court to award money damages as well as an injunction ordering your neighbors to immediately stop renting their property as a short term vacation rental.

A benefit to seeking only money damages is that, if the amount is below the jurisdictional limit in your state (for example, $10,000), you can file the lawsuit in small claims court.

If you seek more than the jurisdictional limit or seek an injunction, you will need to file in a regular or circuit court. Before incurring the cost and risk associated with filing a lawsuit, consider mediation and talk to a lawyer.

How Do I Stop Neighbors From Using Their House as an Airbnb or Other Type of Vacation Rental? (2024)

FAQs

How do you get an Airbnb removed from your neighborhood? ›

Contact your local zoning or planning department if you know the Airbnb is violating local ordinances and register a complaint. If your municipality requires licensing or registration and your neighbor has failed to comply, drop that dime as well.

How do I complain about Airbnb Neighbours? ›

You can report a party, noise complaint, or neighborhood concern here. For help with a reservation, hosting, or your account, contact Airbnb Support—our Neighborhood Support team is only available to help with concerns related to home sharing in your community.

Can anyone use their home as an Airbnb? ›

Permits might be required. This hosting thing doesn't come without its costs to you. That's only fair, right? As Airbnb notes, most cities require hosts to apply (and usually pay a fee) for permits or registrations in order to legally rent out their home—even if it's just for a few days.

Do you need permission to run an Airbnb? ›

These laws are often part of a city's zoning or administrative codes. In many cities, you must register, get a permit, or obtain a license before you list your property or accept guests. Certain types of short-term bookings may be prohibited altogether. Local governments vary greatly in how they enforce these laws.

Can I stop my neighbor from running an Airbnb? ›

If you discover that your neighbors are using their house as a vacation rental in violation of the zoning ordinance, one option is to file a complaint with your local code enforcement department. The department will investigate the use of the property.

Can I stop Neighbour Airbnb? ›

Report the situation to your landlord, who should require the leaseholder to cease holiday letting, remove the flat from the Airbnb website and cancel future bookings. If that fails, you can apply to court to enforce the terms of the lease.

Can I report Airbnb to the police? ›

Involving Airbnb

Remember that you have 72 hours to report any issue to us from the time of discovery. Note: In an emergency situation, or if your personal safety is threatened, contact local police or emergency services immediately.

Do airbnbs affect property values? ›

Additional difference-in-differences estimates show that ordinances reduced rents also by 2%. These estimates imply large effects of Airbnb on property values in areas attractive to tourists (e.g. an increase in house prices of within 2.5km of Hollywood's Walk of Fame).

Can I take legal action against Airbnb? ›

In California, you can sue Airbnb for a maximum of $10,000 if you are an individual. If you are a business suing Airbnb, you can sue for a maximum of $5,000. Note, if you are a sole proprietor, you count as an individual.

Why are cities banning Airbnb? ›

Some localities have outlawed or put restrictions on hosting Airbnb's for several reasons. One is that it takes away tax revenues normally paid to lodgers (although now Airbnb works with cities to collect such taxes), or takes away business from traditional hotels or B&Bs.

Can Airbnb have cameras inside? ›

Airbnb doesn't prohibit cameras in rooms like living rooms and kitchens. ¹ But it does prohibit hidden cameras and cameras used in more private areas like bedrooms and bathrooms.

How do I get around Airbnb restrictions? ›

You can get a rental property in a business's name and lease it out. Setting up accommodation in a company name allows you to legally and ethically put those properties on Airbnb and other websites.

Can Airbnb host show up unannounced? ›

What we don't allow. Physical intrusions: Hosts, guests, and those affiliated with them or working on their behalf must not access or attempt to access any private spaces without prior permission. In shared stays, this refers to bathrooms when the guest is inside, bedrooms, or beds in shared rooms.

Can you start an Airbnb without an LLC? ›

Tax Flexibility: LLCs give you some leeway in how you file your taxes, but it's important to note that if you intend on running an Airbnb without forming an LLC or some other business entity, the IRS will recognize your business as a sole proprietorship.

How do I get around the 90 day rule on Airbnb? ›

There are a few options that you can choose to work within the rules. The first is renting your Airbnb as a short-term let on the platform and then, once you have reached the 90-day limit, turning your listing into a medium or long-term rental.

How do I evict a squatter from Airbnb? ›

File an action for possession or unlawful detainer.

It is important to note whether the Airbnb squatter is entitled to possession or not, the landlord has to show that there is no lease or that the lease has expired. This will prove that the tenant has no legal right to be staying there.

Can you Airbnb a property that isn't yours? ›

Many people think that they must own property first before building an Airbnb business. That's not true thanks to rental arbitrage. Through this business model, you can still become an Airbnb host even if you don't own a house or apartment.

How do I stop squatters on Airbnb? ›

How to Prevent Squatters
  1. Screen and verify your Airbnb guests. You should only accept bookings from verified guests on Airbnb (those with the verified badge beside their name). ...
  2. Ask your guests to sign a rental agreement. ...
  3. Encourage bookings through Airbnb.
Jun 17, 2022

Can I stop my Neighbour from letting their property as a short holiday let? ›

In London, Planning Permission is required for any short term lettings where these are to be in excess of 90 days in any year and it can be refused if, for example, such lettings are likely to cause nuisance or security issues or will effect the sense of community of the building/neighbourhood.

How do I protect my home as an Airbnb host? ›

Stay Safe as an Airbnb Host
  1. 1) Be a Friendly Airbnb Host: Connect with Your Guests. ...
  2. 2) Take Insurance Seriously. ...
  3. 3) Get to Know the Renters. ...
  4. 4) Have Others Help Keep Watch. ...
  5. 5) Set Out Clear Rules and Expectations. ...
  6. 6) Don't Forget Your Home Network Security. ...
  7. 7) Use a Security System in Off-Limit Areas.
Mar 16, 2018

What are Airbnb violations? ›

Hosts who cancel reservations without an extenuating circ*mstance or indicators that a guest may violate an enforceable house rule or Airbnb policy will face cancellation penalties on their account. Airbnb reviews each reported violation of these host standards and determines whether a violation has occurred.

What can you sue Airbnb for? ›

$10,000

Can someone sue you if they get hurt at your Airbnb? ›

A property owner has legal liability for injuries that an Airbnb guest suffers when the property owner is negligent in the way that they care for their property. Premises liability rules apply to determine whether the property owner is negligent and legally liable for an Airbnb injury.

What should you not do on Airbnb? ›

With consultation of Airbnb forums and the top Airbnb hosting blogs, here are 14 things Airbnb hosts should never do:
  • Leave Out Completing the Host Profile.
  • Put a Listing Up Without a Clear Photo.
  • Lie or Exaggerate on Your Listing.
  • Accept a Guest Without Reading their Reviews.
  • Allow Guests to Pay or Book Outside of Airbnb.
Aug 2, 2018

What Airbnb hosts should not do? ›

10 Airbnb hosting mistakes to avoid
  • Using bad pictures. ...
  • Setting up wrong expectations. ...
  • Fixed pricing. ...
  • Being too impersonal… or too personal. ...
  • Not communicating clearly or quickly with guests. ...
  • Theming your space. ...
  • Assuming things about your guests. ...
  • Not prioritising guest requests.
Jun 16, 2018

Are Airbnbs on the decline? ›

The pandemic-related travel boom of 2021 and 2022 has helped Airbnb (ABNB 5.96%) have one of its best years ever. Yet despite its strong business performance as of late, the vacation rental company's stock is down 30% year to date. The ongoing bear market downturn is largely to blame for Airbnb's big fall.

How do I report harassment on Airbnb? ›

To report a message while using the Airbnb app, tap the more icon , then tap Report. To report an in-person incident, or to send a detailed report, contact us. Please provide specific details and identify the person you believe has violated the nondiscrimination policy.

How do I report a rude Airbnb host? ›

You can submit a complaint via our webform. Once your complaint has been submitted: You'll receive an automated acknowledgement of your email when we receive your complaint. An Airbnb case handler will be assigned to your complaint and will aim to make initial contact with you within 96 hours.

Can Airbnb Host force you to pay damages? ›

Airbnb may ask you to pay

You'll never be charged without advance notice or a chance to appeal before and after you've been charged. You'll have 60 days to appeal after you've been charged. Dealing with damage is never fun, but this process is designed to be as fair as possible.

What is Airbnbs biggest problem? ›

A 2021 study of more than 125,000 Airbnb complaints on Twitter found that 72% of the issues were related to poor customer service and 22% were related to scams.

Why is Airbnb getting sued? ›

That's thanks to a $6 million settlement in a class-action lawsuit filed over the company's service fees, which previously made checkout prices higher than what was first advertised.

Do smart TVs have hidden cameras? ›

Yes, some smart TVs have built-in cameras, but it depends on the model of the TV. If your smart TV has a camera, it will be listed in the owner's manual — you don't need to worry about covert cameras concealed in your device. If your TV offers facial recognition or video chat, then yes, your smart TV has a camera.

How common are hidden cameras in Airbnb? ›

Although it's rare that a hidden camera is discovered in an Airbnb by a guest, it's not entirely impossible, according to the widely-used accommodations rental company. Recently, a Twitter user accused an Airbnb of spying on guests with the use of hidden cameras placed throughout a property.

How do you get around rental restrictions? ›

Here are 4 ways to get around rental restriction bylaws
  1. Ensure that your rental restriction bylaws are valid. ...
  2. Have someone “house-sit” for you while you are away. ...
  3. Rent to family! ...
  4. Apply for a hardship exemption.
Apr 27, 2019

How do I get around an Airbnb HOA? ›

How can homeowners get around HOA Airbnb restrictions? At the end of the day, if your HOA doesn't allow short-term lease activity, there's really not much you can do about it, other than seek opportunities to rent out your home within the approved rental period.

How to do short-term rentals without Airbnb? ›

LOOKING FOR AN AIRBNB ALTERNATIVE? 6 OPTIONS FOR YOUR SHORT-TERM RENTAL
  1. Homestay. Unlike other short-term rental platforms that focus on vacation rentals, Homestay only offers hosted. ...
  2. VRBO. VRBO has been around longer than Airbnb, opening in 1995 . ...
  3. HomeAway. ...
  4. TurnKey Vacation Rentals. ...
  5. FlipKey. ...
  6. Booking.com.

How do you check if your Airbnb Host is secretly filming you? ›

5 tips for finding hidden cameras in an Airbnb or Vrbo rental
  1. 1) Scan the Wi-Fi network for hidden cameras using Fing App. ...
  2. 2) Check for common IP camera names that may be hidden on the network. ...
  3. 3) Use the 'Find hidden cameras' feature from Fing Premium. ...
  4. 4) Check for items that look odd or appear to be out of place.

Can I ask an Airbnb guest to leave? ›

The answer is YES! You should always ask your guests for a review. Airbnb requests that hosts adhere to their content policy when it comes to asking for reviews. The Airbnb content policy specifically states that a host can ask a guest to leave an honest positive review or rating reflecting a positive experience.

Can Airbnb Host kick you out for extra guests? ›

Your rights as a Host

If guests show up with extra people, you have the right to turn them away. Airbnb does not offer customer service or insurance to people who don't have an official reservation through the platform, and any liability waivers you may offer your guests won't apply.

How much cash do you need to start an Airbnb? ›

The average cost to start an Airbnb business is $6,000. We came up with this average startup cost by reviewing these three sources (SixFiguresUnder, PassiveAirbnb, BiggerPockets), the following startup costs can be expected.

Is running an Airbnb considered a business? ›

Running an Airbnb can make you a small-business owner in the eyes of the IRS, so you'll need to report your Airbnb income and expenses on your federal tax return. Airbnb will send you (and the IRS and state) a Form 1099-K if you earned more than $600 during the calendar year.

Can Neighbours complain about Airbnb? ›

You can report a party, noise complaint or neighbourhood concern here. For help with a reservation, hosting or your account, contact Airbnb Support – our Neighbourhood Support team is only available to help with concerns related to home sharing in your community.

How many days a year can you rent out Airbnb? ›

Night limits for hosting

Once you reach your city's 120 night limit, you won't be able to accept short-term reservations for the rest of the calendar year. If you plan to host your primary residence for more than 120 days per calendar year, you'll need to apply for extended home-sharing.

How much can I earn on Airbnb without paying tax? ›

The Rent-a-Room Scheme allows you to earn up to £7,500 tax free from sharing space in your primary residence. The threshold is halved if you share the income with your partner or someone else. UK Hosts on Airbnb can receive a £1,000 tax free allowance on income earned from hosting.

Can you anonymously report an Airbnb? ›

Please be prepared to provide the specific address of the suspected illegal short-term rental including the apartment number, and the websites for any online advertisem*nts for it. You can report anonymously, or if you choose, you may provide your name.

How do I fight against Airbnb? ›

How to file a small claims lawsuit against Airbnb
  1. Step 1: Complete "Plaintiff's Claim and Order to Go to Small Claims Court" (Form SC-100) This form starts the California Small Claims Court lawsuit process. ...
  2. Step 2: File "Plaintiff's Claim and Order to Go to Small Claims Court" ...
  3. Step 3: Serve the lawsuit on Airbnb's agent.
Oct 16, 2022

Can you refuse to leave an Airbnb? ›

Guests who refuse to leave—and how Airbnb can help

These situations are incredibly rare, but if they happen, we'll work with you to try and help resolve the problem with your guest. Should you face such a situation, let our 24/7 support team know as soon as possible and we'll get in touch with you.

Can an Airbnb host kick you out? ›

By hosting on Airbnb, you agree to abide by our terms and policies, including our Terms of Service, which we reserve the right to enforce at our sole discretion. In the event of repeated or severe violations, we may suspend or permanently deactivate a person's account.

How do I find out if my neighbor is Airbnb? ›

The best thing to do is watch for any guests coming in and out. If you notice different vehicles as well as people coming in and out with luggage you can probably guess it's Airbnb or related. Check for check-ins after 2pm and checkouts after 10am.

Do you have to tell your landlord about Airbnb? ›

Keep Everyone Informed!

To inform your landlord when you receive reservations to avoid any surprises. They may feel more comfortable with you hosting guests if they know when they can expect them.

Why do cities hate Airbnb? ›

Reduced Local Tax Revenue

Homes and apartments that are listed on Airbnb are subject to property taxes; however, hosts often avoid paying taxes on their rental income. This means that local communities miss out on tax revenue that they would have received if those guests had stayed at hotels instead.

How Airbnb ruins neighborhoods? ›

Airbnb crushes renters

In addition to stripping housing supply from local communities and commodifying residential real estate, which causes house sale prices to rise, house rental prices for working families have skyrocketed. That is, when rentals don't disappear entirely.

Can someone squat in my Airbnb? ›

Regarding squatters' rights on Airbnb, the most critical factor is the duration of a guest's stay. In most states in the US, guests who stay in a home or apartment for one month or longer may establish rights as a tenant. Note that the exact number of days depends on the jurisdiction.

Are there cameras inside Airbnb? ›

Airbnb doesn't prohibit cameras in rooms like living rooms and kitchens. ¹ But it does prohibit hidden cameras and cameras used in more private areas like bedrooms and bathrooms. Here's how to see if your Airbnb, or another rental like VRBO, has hidden video cameras.

How common are Airbnb squatters? ›

Squatting rarely happens, but when it does it is a criminal matter that you won't be able to deal with on your own. At the end of the day, the best strategy is to put measures in place to avoid Airbnb squatters from renting your Airbnb property in the first place.

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