DALTX Real EstateDALTX Real EstateDALTX Real Estate
  • Home
  • Guest Post
  • Agents
  • Contact Us
  • About
  • Advertise With Us
Reading: Out of Town Guests Could Find Airbnb Homes Slim Pickin’s in Texas
Share
Font ResizerAa
DALTX Real EstateDALTX Real Estate
Font ResizerAa
  • Home
  • Guest Post
  • Agents
  • Contact Us
  • About
  • Advertise With Us
  • Home
  • Guest Post
  • Agents
  • Contact Us
  • About
  • Advertise With Us
Follow US
© DALTX. All Rights Reserved.
DALTX Real Estate > Uncategorized > Out of Town Guests Could Find Airbnb Homes Slim Pickin’s in Texas
Uncategorized

Out of Town Guests Could Find Airbnb Homes Slim Pickin’s in Texas

4 Min Read
SHARE

 

airbnb-dada-1024x1024

Yeah, as slim and skinny as your turkey carcass is right about now. And the decision could affect Airbnb properties all over the state, which could mean those holiday guests stay with YOU!

The 4th Court of Appeals in San Antonio has ruled in favor of a San Antonio homeowners association screaming that a homeowner was violating deed restrictions when he rented out his house for short-term stays. As in what you do wth Airbnb.

Kenneth Tarr rented his San Antonio house about 31 times after being transferred to Houston in 2014. The property was in a deed-restricted neighborhood.

Residential use, it appears, means you cannot turn your home into a hotel whenever you need a little extra cash.

The appeals agreed that turning your home into a piggy bank with short term rentals violates a restriction in the deeds: properties must be for residential use only.

Are short term rentals a commercial use of your home?

“Short-term rentals, by their nature, are not residential,” Carroll (Frank Carroll, Houston-based attorney for the HOA) said.

The judge’s opinion, which conflicts with the ruling of a similar case in Austin, puts the legality of residential rentals of all sorts into question, said J. Patrick Sutton, the Austin-based attorney who argued for the homeowners in both cases.

“Conflicts with the ruling of a similar case in Austin.” This is interesting. I know that the homes along Swiss Avenue here in Dallas are deeded residential. That was part of the brouhaha with Aldredge House. I know that some folks living on Swiss have tried to run businesses out of their homes and have gotten slapped down by the neighbors.

Does this mean no one living within the Swiss Avenue Historic District can participate in Airbnb? Or anyone living in a neighborhood with deed restrictions that specify residential use only, as mine do?

Yes, if that San Antonio appeals court has its way.
Kenneth Tarr was apparently trying to make his San Antonio home cash flow after a job change took him to Houston. He now says he may appeal to the Texas Supreme Court, which seems like his only option after two conflicting rulings in the same state.
An appeal could potentially effect Texas homeowners who wish to rent out their properties short- or long-term.

The court did not specify a length of time, so attorneys say all types of leases could come into question.

“What tenant intends to remain permanently?” asked (J. Patrick, attorney for the defendant) Sutton?

Fifteen other states that have decided the issue have agreed with the appellate court in Austin, he said.

“Texas would be the only state that reads residential use to bar short-term rentals,” he said.

screenshot-airbnb-commercial
TV commercial run by HomeAway targeting Airbnb: who wants to share your home?
High-Caliber Agent: Sam Saladino Steers Clear of Troubled Waters Thanks to His Expert Lender
City Hall Fair Park Council Briefing: Rawlings Wants His Legacy, Was the Bidding Process Legal?
If New York City Limits Airbnb, Can Dallas be Far Behind?
What Salary Do You Need to Buy a House in These 27 Cities Around the Country?
Beep! Boop! This Trinity Groves Listing Caters to the Classic Arcade Crowd
TAGGED:AirbnbTexas court
Share This Article
Facebook Email Copy Link Print
Previous Article Fort Worth Black Friday Special: Stylish Modern Value in Woodhaven for $324K
Next Article Three Cheers for a Refreshed Ranch on Yosemite, With Mucho Surprises in the Back
Popular News
Blog

Selling Smart: Park Place Properties’ Pro Tips for Maximizing Your Home Sale

Experts Weigh In On Coronavirus’ Potential Impact On Real Estate Market
Under The Tuscan Sun-Style Retreat Will Make Your Jaw Drop
Thistle Hill Remains One of Fort Worth’s Favorite Historic Mansions
Top Considerations for Managing Large-Scale Real Estate Projects
about us

DaltxRealEstate.com is the largest real estate blog and the only one in North Texas.

Links

  • Privacy Policy
  • Terms of Service
  • Contact Us
  • Paid Guest Post Submission
  • Real Estate Glossary

Categories

  • Commercial Real Estate
  • Home Inspection
  • East Dallas
  • Monday Morning Millionaire

Get Involved

  • Advertise With Us
  • Write for Us: Submit Guest Post

Find Us on Socials

© DALTX. All Rights Reserved.
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?