Fighting back against party houses and other short-term rental nuisances

This article was originally published in December 2020.

A Serious Problem

For neighbors, the consequences are real and serious. An “unruly gathering” can result in:

• increased vehicle and pedestrian traffic (including Uber and Lyft pickups and deliveries);

• parking congestion (on public and private property);

• noise from guests, vehicles, music, fireworks, etc.;

• public intoxication;

• trespassing (including unwanted visits from disoriented guests);

• sanitation problems (trash, bottles and cans, drug paraphernalia, human waste, etc.); and,

• in some reported cases, indecent exposure.

Considering these problems, one would think that putting the brakes to the recurring disruption of a neighborhood bacchanal would be relatively simple. And one would be wrong.

In Arizona, shutting down a noisy short-term rental follows no certain procedure or formula, and each case is fact-specific and locality-specific.

To start with, complaining neighbors who seek governmental help face statutory obstacles that were originally enacted to promote the “sharing economy.”

A.R.S. § 9-500.39

states, “A city or town may not

prohibit

vacation rentals or short-term rentals.” [Emphasis added.]

Fortunately for neighboring homeowners, that prohibition does not bar cities and towns from

regulating

short-term rentals, to address noise and other issues. As examples, see recent news articles describing measures being taken in

Scottsdale

,

Paradise Valley

,

Mesa

,

Glendale

and

Goodyear

. The City of Phoenix also regulates short-term rentals.

Also, a

2019 Arizona law

requires owners of short-term rental properties to provide their city government with their contact information and prohibits rentals from holding special events that would otherwise require a permit or license and from being used as a retail space, restaurant or banquet hall.

Building Your Case

Even with the regulations being implemented at the local government level, neighbors would be wise to build a case against repeat offenders.

Talk to the owner of the nuisance property, in case they are unaware of the problem (that may not be as unlikely as it seems, especially if they are out of town or out of state).

Call the police every time the activity at a party house rises to the level of a nuisance (i.e., “something that interferes with the use of property by being irritating, offensive, obstructive, or dangerous”).

Document the offending activity through photos, videos, audio recordings, etc., and keep a journal that might confirm a growing nuisance.

Talk to your neighbors and get them involved. If the problem leads to litigation, having multiple plaintiffs can be a big help – in arguing your case and in sharing the legal costs.

Demand (politely) that the city protect public health and safety by enforcing fire and building codes and zoning restrictions, restricting traffic, and enforcing sanitation, pollution and noise ordinances. (Being respectful is important; you want the city staff to be on your side, and not to view you as part of the problem.)

Petition your homeowner association (HOA) to enforce any CC&Rs and community rules (such as parking restrictions) that are being violated at the nuisance property.

Further petition your HOA to enact and enforce restrictions on short-term rentals (generally defined as less than 30 days).

If there is no HOA where you live, there might still be deed restrictions that apply to the parcels in your area, and that might have provisions limiting certain uses and prohibiting the nuisance activities.

Filing a Lawsuit

If you must hire an attorney and file a lawsuit, having a record of all the above can significantly strengthen your case. Your lawsuit might assert a nuisance claim or breach of contract (i.e., deed restrictions) and seek an injunction to enforce any applicable CC&Rs or deed restrictions. Furthermore, zoning ordinances and other laws and regulations can be used to help restrain the nuisance.

Since 2018, we have successfully represented homeowners fed up with neighboring short-term rental “party houses,” forcing their owners to abide by the law, city ordinances, and applicable contractual restrictions.

While the results we have achieved for our clients have been encouraging, it is important to have realistic expectations for the process and the outcome.

Short-term rentals are a reality, and nuisances are going to occur. When they do, cities cannot make a property totally quiet, and if cars are legally parked and noise is within tolerance, there’s little that city officials can do, even if and when the legislature increases their power to rein in the party-house problems stemming from short-term rentals.

At the same time, following the suggestions outlined above can certainly prove valuable in achieving an administrative or judicial solution to the problem of nuisance properties.

If you have a question about a specific party-house concern, contact

Bill Klain

at 480-534-4872 or by

email

.