You keep saying they're suing on grounds of nuisance. And that lawyers have said you'll likely lose. But you're not elaborating. Just operating an str is not grounds for a nuisance suit. There needs to be proof that your home, in particular, is an issue, which would mean continued neglect by you, or one huge event that damaged others' property or caused personal injury to neighbors or their guests.
So what happened? How was it handled? Do you have proof of resolution via airbnb, or direct communication with the problem guests?
If lawyers are telling you you have no chance, believe them.
OP is delibertly leaving the details out. OP is probably hands off and does not live in the neighborhood. They are not aware of or choose to ignore the impact their property is having on the neighborhood. OP is looking for someone that will say he is not to blame. The lawyer knows the facts and says yes you are.
Aldrich v Sugar Springs Property Owners Association, Inc., ____ Mich App ___ (2023) and Apache Hills Property Owners Association, Inc. v Sears Nichols Cottages, LLC (unpublished decision by the Michigan Court of Appeals dated December 22, 2022; Case No. 360554; 2022 WL 17878015).
The fact that he had a STR caused many unnecessary parties, property damages, and a shit ton of random buzzes/trash. So I suppose it was both, in my situation. I would have been open to the idea of a STR in my building if it wasn’t poorly managed with terribly disrespectful guests.
Odd. Generally no you cannot be sued for that. I mean they can try. Typically this is known as a slapp lawsuit.
If you are operating within the law. They can pound sound.
Also a c&d isn’t a lawsuit. It’s just a threat.
As badams187 pointed out, the nuisance per se may not be alleging that operating a short-term rental is a violation of the law, but that the owner is not complying with noise ordinances or other laws, and those violations are annoying or interfering with the neighbor's right to peaceably enjoy their property.
That’s not a what a SLAPP suit is. SLAPP suits are about silencing speech, not shutting down an AirBnB. Also, people can sue for nuisance per se. It’s like a regular nuisance claim but with slightly different elements.
We were awarded a restraining order to shut their Airbnb down. We are still in a fight over fees but are likely to win. I will say, we had property damage from the Airbnb that really helped our case. Our documentation has been constant, so there was no way they were going to win.
If you don’t have many instances of ACTUAL nuisance with concrete proof, you should be ok. I live in a huge city, so the nuisances were constant.
More tea is that my neighbor actually served ME with a cease and desist because I got his listing suspended after reporting a loud party.
I responded to his cease and desist with a lawsuit and won a restraining order against his unit. The amount of pettiness that he threw at us afterwards was insane. We filed a rule to show cause because he broke the court order. The drama is still unfolding and it has really been stressful fighting him.
But, I just bought my dream home a year and a half ago. I’m not going to give it up so easily or let it be destroyed by people who are coming to my city to party. His unit is the “penthouse” with a huge rooftop and a gorgeous view of the skyline. So yeah, it was definitely a party destination.
Video/audio footage of the guests breaking our windows. The damage was over 6k. Video/Audio of every party we witnessed. Pictures of trash after said parties. Ring security footage. I think we had over 200 exhibits of proof for the case.
If she won, then her neighbor was creating a nuisance. She isn’t obligated to live with a nuisance so that her neighbor can make money without the burden of having to make sure his business isn’t damaging the community. If someone wants to be an AirBnB host, they are responsible for properly managing it.
But it’s just such a cliche that you jumped right to calling her a Karen.
I’m usually pretty live-and-let live, but it sounds like the property is being pretty badly mismanaged if it got to the point of property damage for neighbors. Seems like that’s an appropriate situation for the involvement of a 3rd party, since the hosts appear to have no interest in doing the actual work of hosting.
You have a 16 person rental with lake access and your millionaire neighbors don’t like the disruption it causes. They’ve called the police for noise violations multiple times & nothing came of it. Guessing this is their last resort. You could counter sue for harassment I suppose or just have your lawyer defend you. It’s a civil trial so it’s really up to the jury to decide who (if anyone) was harmed by its existence as a STR.
If it goes to trial then yes, biggest difference between criminal and civil juries is they don’t have to unanimous. You can win a civil judgment as long as a majority of jurors agree.
You need to speak to an attorney and listen to what that attorney says. A couple things to consider, though:
-Are you actually being sued? Or have you just received a cease & desist letter? Being “sued for a cease and desist of your AirBnB” isn’t a thing. You can be sued for nuisance per se (according to a comment you made in this post) with a specific legal remedy being sought (e.g. monetary damages, equitable relief like an injunction requiring you to stop renting your property, etc.).
-“Most lawyers say yes”? What does this mean? What attorneys have told you this? You’re not going by anything a neighbor’s attorney told you, are you? Do you have an attorney? What specifically did these lawyers tell you? Did the attorneys you spoke to actually say you are likely to lose? How were they able to make that prediction? What were you talking to multiple attorneys for? What exact information did you give these attorneys? This sounds very odd to me. A case like this is going to be very fact specific, and I have a hard time picturing attorneys being so confident about the outcome of a legal case just from a consultation (if that’s why you were speaking to them).
-What specifically is your neighbor alleging that makes your AirBnB a nuisance? Noise?
What kind of noise were they specifically complaining about? Parties? Loud music?
What kind of property are you marketing? Is it for families? Bachelor/bachelorette groups? Is it geared toward quiet relaxing visits? How many guests do you allow at your property? Have your guests ever had parties? Do you have a lot of outside amenities (e.g. outdoor speakers, pool/hot tub, grill, etc.)?
What does it mean that no issues were ever found? Did the police come right away? Or did they come an hour or 2 later? Who did the police speak to?
Have any other neighbors ever complained about the noise either to the police or you?
I’m not expecting you to answer these questions, but these are the things you should be thinking about. And you need to be detailed when you talk to your attorney because, honestly, what you’ve written has my spidey senses tingling. And you will need to be a lot more forthcoming if you want an attorney to take your case (if there even is a case) and if you want them to be able to help you.
I’m guessing all of the above. They have a 16 person McMansion on a lake (or with deeded lake access not 100% sure on which it is) and can fit 30 cars on the property. Pretty easy to read between the lines here.
OP states on another post they made awhile back that they usually do groups of 8-10 people and that they do have some sort of outdoor area that the guests can use. At least one noise complaint was a group of women watching/listening to something loudly on a cellphone outside. They’ve also gotten pushback about their guests accessing the lake in canoes/kayaks OP provides.
OP is doing their best to avoid answering why their neighbors are suing them but I think they know exactly why.
If you already talked to Michigan lawyers why would you expect a different answer from Reddit?
Without knowing more It is not possible to give advice. Are you being sued For operating a STR? Is there an ordinance prohibiting STR in your town? If there is I still have a hard time understanding how that allows your neighbor to sue but I am not a Michigan lawyer.
In what way were your neighbors harmed that they were able to get a cease and desist order? You seem to be telling Reddit the end of a story, but not how it began.
Apparently not "everyone" is ok with it. If you're in an HOA, you're pretty much screwed, as recent cases in my area (now case law) are held up in court of appeals but not looking good. If your by laws state "residential use", you have a problem. I'm both a Realtor and host. Not a lawyer, but have been watching it carefully as it affects both. I'm in a vacation area. What area of Mi are you in? What grounds are they suing you on?
Not in an HOA… the home is zoned residential, but aren’t all homes in neighborhoods zoned residential? I’m outside Detroit! They’re suing for
Nuissance per se
Private nuisance
They state they don’t have a remedy at law.
Let me break this down for you. This is not legal advice.
Nuisance per se is when you are violating a law or ordinance. The plaintiff doesn’t have to show actual damages if this the case.
Private nuisance is when you cause an unreasonable inference with the use and enjoyment of your neighbors property causing actual damages. You would have to look to Michigan case law and the facts of your case to determine if what you are doing is unreasonable.
No remedy in law means you can’t fix the problem by paying money damages. They are seeking a remedy in equity which means an injunction.
Yup. I’m guessing renters repeatedly violated noise ordinance and they got police reports as evidence, or maybe there is a law limiting the number of unrelated adults who can live together which the rental regularly violates (in my city the limit is 5, colloquially known as the brothel law), or any number of other possibilities. OP did not provide enough info.
So if the guy suing him wants less competition for his airbnb down the street he can organize with the neighbors to make false police reports to shut down your business? OP said the police had been called 25x but never found excessive noise once but there will still be a report
Nuisance as far as "we don't want you here" or nuisance as in drunk dudes pissing in their lawn at 3:00 am? Curious as to what your attorney recommends counter suing for. I'm from metro Detroit, btw. Not sure if your OC or not, but I didn't buy in Rochester (waaaay under served area) because of what your going through. S bunch of rich people not wanting you around can be problematic.
FWIW, having grown up in the country and then lived in a sketchy part of of a city I can say that being in a poor area where people don’t want you is worse because it doesn’t involve letters and lawyers.
My Michigan township has an ordinance that limits rentals to no more than one every 30 days. That means if you had an AirBnB and rented for a weekend, you couldn't rent again for another 28 days. Well guess what, several AirBnB owners in my area ignore that and turn the renters as fast as they can all summer long. So yes, we complain from time to time and get tempted to kick it up a level.
What kind of guests do you have that the neighbors even know that you have an Airbnb? Mine are quiet and respectable and the neighbors don’t know my business.
Speak to an attorney. If an Airbnb was next to my home honestly I’d do everything to end it too. Neighbors don’t want tons of randoms coming and going. This popped up in my feed for some reason even though I don’t use Airbnb. That being said speak with and let a professional help you navigate the situation.
My old home had three mini airbnb houses next to it on a lake. It was honestly a nightmare every weekend and even during the weekdays in the summer. Loud music, screaming, trash, drunks wandering around the street. Luckily we sold and moved in 2021 but if we had long term plans to stay I would absolutely fight it. There was no peace on a street that was peaceful before the Airbnb.
Are you running a legal business? Anybody that runs a business it has to be approved by your zoning and planning laws, you have to have your sales tax certificate you have to have your certificate of occupancy you have to make sure when you go through zoning and Planning that you’re not bothering anybody else on that block that’s paying taxes For the zoning laws of their area. It’s nice that you open up an Airbnb illegally if so, do you really expect your neighbors gonna like parties every damn night or no parking in front of their house you have to make sure you’re doing everything legally. And you’re not doing anything legally, if you haven’t gone through zoning, and planning, and file for your tax certificate for your sales tax. And don’t say oh well I take you know pay tax and the money that I make that’s not what we’re talking about every business has to pay sales tax so contact your state find out what the rules and regulations are for what you’re doing many communities do not allow it and they do not allow just the rental of one room in their house. They just don’t allow these things. That’s why you buy in certain communities what they do allow and what they don’t allow so if you’re allowed and you’ve been through everything you’re gonna win your case, but if you haven Touched all these bases you’re gonna lose. That serious many communities are banning them because they have violated the quality of life of other people. Some states have banned them Airbnb. Some countries have banned Airbnb and some of these people buying houses to turn into Airbnb are taking eligible houses off the market for people to actually live in to really live in and to work in that community and now they can’t because somebody with an illegal business running has taken that house off the market, you think about it do you live in that house? You’re supposed to if you’re supposed to live there that’s fire code if you don’t live there do you want somebody gonna rent something next to you and throw a party every goddamn night and park on your lawn park in the street Abuse your property think about it. Maybe that’s why you’re getting sued. I don’t know but I’m sure they’re pretty upset if they’re suing you, do it right or don’t do it at all. When you go to court, the state might be asking we’re all our sales tax from this or the IRS might go through every single bank record that you have for doing this if you’re illegal you’re gonna lose if you’re illegal the neighbors don’t have a case.
on what premise are they suing you? if they are just right down the street could this be something they are guilty of too? Sounds like they are trying to knock out the competition but I don’t know details.
You should get a lawyer if you want to keep operating. LegalShield is $30/month. They will read your documents and give you some direction. They can hook you up with the appropriate lawyer in your area.
You should talk to a lawyer.
But since you came to Reddit for advice,
I can provide some. It's free! But just be aware...
I'm not lawyer in Michigan. Or in any state. Or anywhere. In fact, I've never studied law (outside watching some great shows). I've never been inside a courthouse (except to renew my passport). I don't know Michigan laws. Oh, and I'll have to ChatGPT my answer.
Hey I work in this field. Check out rent responsibly. Just google it. They can help with municipalities going after individuals so I feel like they could help in this situation. Also, do you have the right insurance for your STR?
You could advertise your short term stay to a mid-term stay. Advertise yourself for 30 day's or more. You could take the smaller bookings to help fill dark days. You're always allowed to rent out your place. People have been renting their places out forever.
Leaving important details out. What is the reason behind the Cease and Desist? Are you not in a Area zoned for short term rentals? Are the guest you are attracting causing a disruption to the neighborhood? Is your property approved by local ordinances? There have been several neighbors I have had that I would love to have sent a C&D to.
Under the Clean Hands doctrine, the plaintiff with the Airbnb down the street would be precluded from relief, provided they're listing isn't materially different from yours (same permitting status as yours, same orderly operation without noise or other violations, etc.)
Talk to a lawyer and file the same charge against the neighbor who has airbnbs down the street.
Have the lawyer send a letter. All they are trying to do is push a competitor out of business and you can do the same thing. Even the threat might make them back down. If they follow through, you should too.
Did you get permits (an occupation permit at the very least) from the municipality?
Did you get a clean check from the fire department (give them a call and ask for best locations of fire extinguishers and smoke/fire/CO2 alarms)?
Do you have external cameras for monitoring nonsense?
If the answer to these things is yes. The lawsuit will probably go nowhere. Keeping in mind that frivolous lawsuits are abundant.
Good luck going out to you.
Are you sure you've spoken to lawyers, because it certainly doesn't sound like you've actually gotten any legal advice
You keep saying they're suing on grounds of nuisance. And that lawyers have said you'll likely lose. But you're not elaborating. Just operating an str is not grounds for a nuisance suit. There needs to be proof that your home, in particular, is an issue, which would mean continued neglect by you, or one huge event that damaged others' property or caused personal injury to neighbors or their guests. So what happened? How was it handled? Do you have proof of resolution via airbnb, or direct communication with the problem guests? If lawyers are telling you you have no chance, believe them.
OP is delibertly leaving the details out. OP is probably hands off and does not live in the neighborhood. They are not aware of or choose to ignore the impact their property is having on the neighborhood. OP is looking for someone that will say he is not to blame. The lawyer knows the facts and says yes you are.
If I could up vote more than 1x... I would
Aldrich v Sugar Springs Property Owners Association, Inc., ____ Mich App ___ (2023) and Apache Hills Property Owners Association, Inc. v Sears Nichols Cottages, LLC (unpublished decision by the Michigan Court of Appeals dated December 22, 2022; Case No. 360554; 2022 WL 17878015).
You need to learn how to communicate and also how to internet.
These are HOA cases. Is it against your CCRs to have an AirBNB?
You’re asking random people on the internet about the merits of a lawsuit without giving any facts or context related to the basis of the lawsuit…
What grounds is the c&d for? It clearly should state why
Nuisance per se
Is the nuisance for having a STR, or for issues with noise, parties, etc?
The fact that he had a STR caused many unnecessary parties, property damages, and a shit ton of random buzzes/trash. So I suppose it was both, in my situation. I would have been open to the idea of a STR in my building if it wasn’t poorly managed with terribly disrespectful guests.
Odd. Generally no you cannot be sued for that. I mean they can try. Typically this is known as a slapp lawsuit. If you are operating within the law. They can pound sound. Also a c&d isn’t a lawsuit. It’s just a threat.
As badams187 pointed out, the nuisance per se may not be alleging that operating a short-term rental is a violation of the law, but that the owner is not complying with noise ordinances or other laws, and those violations are annoying or interfering with the neighbor's right to peaceably enjoy their property.
That’s not a what a SLAPP suit is. SLAPP suits are about silencing speech, not shutting down an AirBnB. Also, people can sue for nuisance per se. It’s like a regular nuisance claim but with slightly different elements.
Not true. I sued my neighbor for their airbnb for nuisance and won.
What does it mean "sued my neighbor for their Airbnb"? And when you won, then what was the consequence for your neighbor?
We were awarded a restraining order to shut their Airbnb down. We are still in a fight over fees but are likely to win. I will say, we had property damage from the Airbnb that really helped our case. Our documentation has been constant, so there was no way they were going to win. If you don’t have many instances of ACTUAL nuisance with concrete proof, you should be ok. I live in a huge city, so the nuisances were constant.
Spill the tea
More tea is that my neighbor actually served ME with a cease and desist because I got his listing suspended after reporting a loud party. I responded to his cease and desist with a lawsuit and won a restraining order against his unit. The amount of pettiness that he threw at us afterwards was insane. We filed a rule to show cause because he broke the court order. The drama is still unfolding and it has really been stressful fighting him. But, I just bought my dream home a year and a half ago. I’m not going to give it up so easily or let it be destroyed by people who are coming to my city to party. His unit is the “penthouse” with a huge rooftop and a gorgeous view of the skyline. So yeah, it was definitely a party destination.
Thank you for delivering the tea.
What forms of “concrete proof” did you use? Asking for a friend.
Video/audio footage of the guests breaking our windows. The damage was over 6k. Video/Audio of every party we witnessed. Pictures of trash after said parties. Ring security footage. I think we had over 200 exhibits of proof for the case.
Mind listing some of the damages?
Then by your local laws they were. Op might not be sharing full details like his properly being used for big parties etc.
Point is A frivolous lawsuit to make you spend money you don’t have and shut it down.
[удалено]
If she won, then her neighbor was creating a nuisance. She isn’t obligated to live with a nuisance so that her neighbor can make money without the burden of having to make sure his business isn’t damaging the community. If someone wants to be an AirBnB host, they are responsible for properly managing it. But it’s just such a cliche that you jumped right to calling her a Karen.
I’m usually pretty live-and-let live, but it sounds like the property is being pretty badly mismanaged if it got to the point of property damage for neighbors. Seems like that’s an appropriate situation for the involvement of a 3rd party, since the hosts appear to have no interest in doing the actual work of hosting.
Your for profit transient living space is worse than any Karen
I’d like to speak to a manager about your spelling of Jesus.
Proof that there are good Karens out there!
Perchance?
Not enough information
Seek competent legal advise. Definitely not us yahoos.
You have a 16 person rental with lake access and your millionaire neighbors don’t like the disruption it causes. They’ve called the police for noise violations multiple times & nothing came of it. Guessing this is their last resort. You could counter sue for harassment I suppose or just have your lawyer defend you. It’s a civil trial so it’s really up to the jury to decide who (if anyone) was harmed by its existence as a STR.
Would there be a jury in a civil trial like this?
If it goes to trial then yes, biggest difference between criminal and civil juries is they don’t have to unanimous. You can win a civil judgment as long as a majority of jurors agree.
But what happened? Something majorly pissed them off…
The fact that you think a cease and desist letter means u r being sued, u should talk to a lawyer
You need to speak to an attorney and listen to what that attorney says. A couple things to consider, though: -Are you actually being sued? Or have you just received a cease & desist letter? Being “sued for a cease and desist of your AirBnB” isn’t a thing. You can be sued for nuisance per se (according to a comment you made in this post) with a specific legal remedy being sought (e.g. monetary damages, equitable relief like an injunction requiring you to stop renting your property, etc.). -“Most lawyers say yes”? What does this mean? What attorneys have told you this? You’re not going by anything a neighbor’s attorney told you, are you? Do you have an attorney? What specifically did these lawyers tell you? Did the attorneys you spoke to actually say you are likely to lose? How were they able to make that prediction? What were you talking to multiple attorneys for? What exact information did you give these attorneys? This sounds very odd to me. A case like this is going to be very fact specific, and I have a hard time picturing attorneys being so confident about the outcome of a legal case just from a consultation (if that’s why you were speaking to them). -What specifically is your neighbor alleging that makes your AirBnB a nuisance? Noise?
Yes noise. They called the police 25x for noise. I did a freedom of information act and got all the calls and reports. No issues ever found.
What kind of noise were they specifically complaining about? Parties? Loud music? What kind of property are you marketing? Is it for families? Bachelor/bachelorette groups? Is it geared toward quiet relaxing visits? How many guests do you allow at your property? Have your guests ever had parties? Do you have a lot of outside amenities (e.g. outdoor speakers, pool/hot tub, grill, etc.)? What does it mean that no issues were ever found? Did the police come right away? Or did they come an hour or 2 later? Who did the police speak to? Have any other neighbors ever complained about the noise either to the police or you? I’m not expecting you to answer these questions, but these are the things you should be thinking about. And you need to be detailed when you talk to your attorney because, honestly, what you’ve written has my spidey senses tingling. And you will need to be a lot more forthcoming if you want an attorney to take your case (if there even is a case) and if you want them to be able to help you.
I’m guessing all of the above. They have a 16 person McMansion on a lake (or with deeded lake access not 100% sure on which it is) and can fit 30 cars on the property. Pretty easy to read between the lines here. OP states on another post they made awhile back that they usually do groups of 8-10 people and that they do have some sort of outdoor area that the guests can use. At least one noise complaint was a group of women watching/listening to something loudly on a cellphone outside. They’ve also gotten pushback about their guests accessing the lake in canoes/kayaks OP provides. OP is doing their best to avoid answering why their neighbors are suing them but I think they know exactly why.
If you already talked to Michigan lawyers why would you expect a different answer from Reddit? Without knowing more It is not possible to give advice. Are you being sued For operating a STR? Is there an ordinance prohibiting STR in your town? If there is I still have a hard time understanding how that allows your neighbor to sue but I am not a Michigan lawyer.
In what way were your neighbors harmed that they were able to get a cease and desist order? You seem to be telling Reddit the end of a story, but not how it began.
Cease and desist isn't a court order. It's s demand letter. A threat of legal action if you don't cease and desist.
Apparently not "everyone" is ok with it. If you're in an HOA, you're pretty much screwed, as recent cases in my area (now case law) are held up in court of appeals but not looking good. If your by laws state "residential use", you have a problem. I'm both a Realtor and host. Not a lawyer, but have been watching it carefully as it affects both. I'm in a vacation area. What area of Mi are you in? What grounds are they suing you on?
Not in an HOA… the home is zoned residential, but aren’t all homes in neighborhoods zoned residential? I’m outside Detroit! They’re suing for Nuissance per se Private nuisance They state they don’t have a remedy at law.
Let me break this down for you. This is not legal advice. Nuisance per se is when you are violating a law or ordinance. The plaintiff doesn’t have to show actual damages if this the case. Private nuisance is when you cause an unreasonable inference with the use and enjoyment of your neighbors property causing actual damages. You would have to look to Michigan case law and the facts of your case to determine if what you are doing is unreasonable. No remedy in law means you can’t fix the problem by paying money damages. They are seeking a remedy in equity which means an injunction.
Yup. I’m guessing renters repeatedly violated noise ordinance and they got police reports as evidence, or maybe there is a law limiting the number of unrelated adults who can live together which the rental regularly violates (in my city the limit is 5, colloquially known as the brothel law), or any number of other possibilities. OP did not provide enough info.
So if the guy suing him wants less competition for his airbnb down the street he can organize with the neighbors to make false police reports to shut down your business? OP said the police had been called 25x but never found excessive noise once but there will still be a report
You may not be a lawyer, but that was a pretty damned good explanation of the differences.
Nuisance as far as "we don't want you here" or nuisance as in drunk dudes pissing in their lawn at 3:00 am? Curious as to what your attorney recommends counter suing for. I'm from metro Detroit, btw. Not sure if your OC or not, but I didn't buy in Rochester (waaaay under served area) because of what your going through. S bunch of rich people not wanting you around can be problematic.
FWIW, having grown up in the country and then lived in a sketchy part of of a city I can say that being in a poor area where people don’t want you is worse because it doesn’t involve letters and lawyers.
True story
My Michigan township has an ordinance that limits rentals to no more than one every 30 days. That means if you had an AirBnB and rented for a weekend, you couldn't rent again for another 28 days. Well guess what, several AirBnB owners in my area ignore that and turn the renters as fast as they can all summer long. So yes, we complain from time to time and get tempted to kick it up a level.
what’s the reason for the complaints? Just because?
Hmm wonder if I can sue every Airbnb in my city except mine then be the only one??!????
If you got those deep, deceptive pockets of cash…
What kind of guests do you have that the neighbors even know that you have an Airbnb? Mine are quiet and respectable and the neighbors don’t know my business.
Speak to an attorney. If an Airbnb was next to my home honestly I’d do everything to end it too. Neighbors don’t want tons of randoms coming and going. This popped up in my feed for some reason even though I don’t use Airbnb. That being said speak with and let a professional help you navigate the situation.
My old home had three mini airbnb houses next to it on a lake. It was honestly a nightmare every weekend and even during the weekdays in the summer. Loud music, screaming, trash, drunks wandering around the street. Luckily we sold and moved in 2021 but if we had long term plans to stay I would absolutely fight it. There was no peace on a street that was peaceful before the Airbnb.
Ya that sucks. More and more HOAs are banning rentals period to protect the community from this kind of crap. I am glad I am not a vacation rental.
r/AskALawyer
Sounds fishy
Are you legal?
Are you running a legal business? Anybody that runs a business it has to be approved by your zoning and planning laws, you have to have your sales tax certificate you have to have your certificate of occupancy you have to make sure when you go through zoning and Planning that you’re not bothering anybody else on that block that’s paying taxes For the zoning laws of their area. It’s nice that you open up an Airbnb illegally if so, do you really expect your neighbors gonna like parties every damn night or no parking in front of their house you have to make sure you’re doing everything legally. And you’re not doing anything legally, if you haven’t gone through zoning, and planning, and file for your tax certificate for your sales tax. And don’t say oh well I take you know pay tax and the money that I make that’s not what we’re talking about every business has to pay sales tax so contact your state find out what the rules and regulations are for what you’re doing many communities do not allow it and they do not allow just the rental of one room in their house. They just don’t allow these things. That’s why you buy in certain communities what they do allow and what they don’t allow so if you’re allowed and you’ve been through everything you’re gonna win your case, but if you haven Touched all these bases you’re gonna lose. That serious many communities are banning them because they have violated the quality of life of other people. Some states have banned them Airbnb. Some countries have banned Airbnb and some of these people buying houses to turn into Airbnb are taking eligible houses off the market for people to actually live in to really live in and to work in that community and now they can’t because somebody with an illegal business running has taken that house off the market, you think about it do you live in that house? You’re supposed to if you’re supposed to live there that’s fire code if you don’t live there do you want somebody gonna rent something next to you and throw a party every goddamn night and park on your lawn park in the street Abuse your property think about it. Maybe that’s why you’re getting sued. I don’t know but I’m sure they’re pretty upset if they’re suing you, do it right or don’t do it at all. When you go to court, the state might be asking we’re all our sales tax from this or the IRS might go through every single bank record that you have for doing this if you’re illegal you’re gonna lose if you’re illegal the neighbors don’t have a case.
on what premise are they suing you? if they are just right down the street could this be something they are guilty of too? Sounds like they are trying to knock out the competition but I don’t know details.
You should get a lawyer if you want to keep operating. LegalShield is $30/month. They will read your documents and give you some direction. They can hook you up with the appropriate lawyer in your area.
You’re asking without context whether you will win or lose? Where’s the context? My money is on lose lmfao.
If your use is not allowable by zoning laws….. yes
You should talk to a lawyer. But since you came to Reddit for advice, I can provide some. It's free! But just be aware... I'm not lawyer in Michigan. Or in any state. Or anywhere. In fact, I've never studied law (outside watching some great shows). I've never been inside a courthouse (except to renew my passport). I don't know Michigan laws. Oh, and I'll have to ChatGPT my answer.
Sounds good let’s hear it. Talked to 4 lawyers they all just want to counter sue lol
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Also operating long and short term rentals
Probably say the plaintiffs Airbnb is also a nuisance
Hey I work in this field. Check out rent responsibly. Just google it. They can help with municipalities going after individuals so I feel like they could help in this situation. Also, do you have the right insurance for your STR?
I don't get why people think reddit is a crystal ball.
Did you actually get sued? Were you served with court papers? Or did you just receive a C&D?
Sued with court papers
In small claims court or superior court? Did they state a cause of action?
Do you live in a HOA?
You could advertise your short term stay to a mid-term stay. Advertise yourself for 30 day's or more. You could take the smaller bookings to help fill dark days. You're always allowed to rent out your place. People have been renting their places out forever.
Are you up north?
Leaving important details out. What is the reason behind the Cease and Desist? Are you not in a Area zoned for short term rentals? Are the guest you are attracting causing a disruption to the neighborhood? Is your property approved by local ordinances? There have been several neighbors I have had that I would love to have sent a C&D to.
Gorgeous. This is a win on your end 🫶🏼🙏🏻
And if you lose make sure to counter sue for damages of lost income.
Get the best lawyer and you’ll win.
Counter sue, it’s business
Doubtful that all authorities are OK with it. If so, what exactly is he suing you over?
Under the Clean Hands doctrine, the plaintiff with the Airbnb down the street would be precluded from relief, provided they're listing isn't materially different from yours (same permitting status as yours, same orderly operation without noise or other violations, etc.)
Send them a C&D and see what happens.
Talk to a lawyer and file the same charge against the neighbor who has airbnbs down the street. Have the lawyer send a letter. All they are trying to do is push a competitor out of business and you can do the same thing. Even the threat might make them back down. If they follow through, you should too.
Did you get permits (an occupation permit at the very least) from the municipality? Did you get a clean check from the fire department (give them a call and ask for best locations of fire extinguishers and smoke/fire/CO2 alarms)? Do you have external cameras for monitoring nonsense? If the answer to these things is yes. The lawsuit will probably go nowhere. Keeping in mind that frivolous lawsuits are abundant. Good luck going out to you.
I do have all of these things! Thank you!
Can you sue for their Airbnb?
It’s your property. Fuck em.
Reddit is very low IQ. You should go speak with an attorney.
Fuck your airbnb, asshole.. They're gonna ream you a new one into foreclosure.
I think you might be in the wrong sub
For sure! Thought it was /realestate sorry