Vacation Rental Law

80mae · #1 Dec 16, 2006, 05:58 AM

I own a single family resident in a residential area. I use this home as a vacation rental unit. In other words, I rent it to people who want to stay 1 night or 1 week or 1 month. The neighbors don't like it and have reported me to the city. Code Violations department slapped me with a fine for operating a business without a license. The laws concerning rentals are non-existent in our city. But the code officer is stating that my rental is not the same as someone who rents the home for months. Do I have any legal grounds to stand on? My home is located in Murrieta, CA. They are stating that I would need a conditional use permit to operate a vacation rental in a residential neighborhood.

excon · Dec 16, 2006, 06:50 AM

Hello 80:

Boy, do I like your question! I love being the underdog, fighting the good fight against stupid bureaucrats, who think we work for them, rather than the other way around. What I ESPECIALLY like about your question, is I think you've got a very, very good legal argument.

Of course, I'm not a lawyer, and this is pretty technical stuff, so you ARE going to need an attorney. I’m sure you can find one who hates the city too.

In the absence of law to the contrary, I see no material difference in landlords who rent by the month, from those who rent by the day. If one is a business, so is the other. If a permit is required by one, it should be required by the other.

Go kick some city butt and make a fortune!

excon

Cvillecpm · Dec 16, 2006, 07:44 AM

Prepare leases for LONGER periods with option for residents to EASILY OPT Out of the agreement.

I'm not sure how much $ you rent this way - renting longer term is preferable as there is less wear/tear on the property and you have more options for collection.

mhelterbran · Jan 8, 2007, 06:22 PM

I live in Texas and also have a vacation rental. We have recently filed an application with the state to pay Occupancy Tax. I would think this would be a license of sorts -- especially if you are collecting and remitting money for the state (and perhaps county or city)....you might want to look into that and make sure you are covering all of your bases and doing what you need to be doing...so they can't get you on that technicality!

Good luck with the city.....and the neighbors!



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