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HOOKEM4

Legal recourse for nuisance STR next door

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Posted (edited)

We have a home next door that has been a short term rental for the last few years and we have had next to every issue possible with these renters. We are on a run of 4 straight weeks of 2-3 days then a new group of crazy assholes that come in stronger than before. It is Texas and I assume the answer is deal with it, but wondered if there was something I could do to shut this shit down.

I routinely greet the new people and tell them about the noise ordinance and to understand they are in a neighborhood that is quiet so please try to respect that. Mostly they are respectful but immediately turn it up and go apeshit. It is a Monday night and I assume I have a week of shit ahead.

I think the answer is to move or to rent ours out to these asshats and move. I cant believe it can fly to devalue our property and peace because someone else decides to allow this shit. The owner/neighbor has been wholly worthless and refuses to do anything to quiet it, the cops dont do shit (I called them for the first time in my life because there was gunplay going on by minors and they did nothing). I am at a loss of what to do.

Edited by HOOKEM4

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If the cops won't enforce the noise ordinance, not much.  Also sounds like your complaints are not limited to noise.

You might, might be able to file a nuisance suit against the owner and push it far enough to get through to the owner, but it will be expensive and you may not win.

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3 minutes ago, TwiceHorn said:

If the cops won't enforce the noise ordinance, not much.  Also sounds like your complaints are not limited to noise.

You might, might be able to file a nuisance suit against the owner and push it far enough to get through to the owner, but it will be expensive and you may not win.

My neighbor across the street from the house I lived in off campus did that to me.  
 

after calling to cops on us during our parties didn’t work he filed suit.   Some sort of public nuisance claim.  
 

(narrator: then they had another bigger party with louder music)

I finally got arrested for failure to appear.  I paid some dough to the city and moved on due to graduation.  The last party was a Halloween costume gig for the ages.  I looked damn good in a hula skirt and a bikini top. The cops showed up before the noise ordinance night time cut off was in play.   They got the door slammed in their mugs at least 3 times and finally left.  Yes, I was shit faced. 
 

good luck, Hookem4

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Old neighbor of mine would call the cops til everyone had enough and moved. True story, every night he was calling the police, he kept the neighborhood quiet.

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Maybe a better question is, can you get a deed restriction enforced that prevents this action or does that violate some precedent in Texas law? I am one of many people dealing with this shit in the hood and would have support to add the restriction but someone said it was unenforceable. I am not sure if they truly knew or maybe they just stayed in a holiday inn Express. I told my wife the only things we can do are move/rent our house or go to 11 and mount the most epic soundsystem that only blares baby shark pointed directly at the offender. 

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For reference this is way out in the etj and not downtown where I would expect the kinds of crowds. If it were, I would accept it and rent myself. That may be what we do anyways, just thought I could get some feedback before we uproot and move to the country.

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Twicehorn or another lawdog would be able to advise on the ins and outs but maybe there is a way to take this into the legal realm without spending a bunch of money. 

Small claims court, self-filed suits, or even one of those annual legal representation plans through which you could bombard them and become a hassle. 

Becoming a legal and a financial thorn In the side of the owner is what it would take.

Obviously they are more motivated by money than being a good neighbor at this point.

If you could find a way to take some of that incentive away by forcing them to spend money or time defending themselves you’d create consequences that would alter their behavior.

Or, I hear there are a few E-bay execs who seem good at intimidation and are looking for jobs now.  They might be a good at getting your point across. 

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You could put a deed restriction in your deed to your next buyer, as could every other person in the neighborhood, each for their respective property and for the benefit of the neighbors and neighborhood. That might be enforceable by other neighbors or by a neighborhood association that you form and mention in the deeds.

But you can't do it now and you can't put a deed restriction on a property you don't own and don't sell.  Deed restrictions have to be in the deed, when you take title to the property, for starts.

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1 minute ago, Reagan1k said:

Twicehorn or another lawdog would be able to advise on the ins and outs but maybe there is a way to take this into the legal realm without spending a bunch of money. 

Small claims court, self-filed suits, or even one of those annual legal representation plans through which you could bombard them and become a hassle. 

Becoming a legal and a financial thorn In the side of the owner is what it would take.

Obviously they are more motivated by money than being a good neighbor at this point.

If you could find a way to take some of that incentive away by forcing them to spend money or time defending themselves you’d create consequences that would alter their behavior.

Or, I hear there are a few E-bay execs who seem good at intimidation and are looking for jobs now.  They might be a good at getting your point across. 

Yeah, that's what I meant about filing suit, not so much to win, but just to raise the stakes for the renting neighbor.  

I don't believe you can file it in small claims court as they don't have jurisdiction to enter injunctions, which is what you ultimately want.  A county court at law with injunction jurisdiction or the district court is where you need to be.

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So say we have a HOA right now and a majority votes to revise the deed restrictions to prevent short term rentals, I was told that isn't enforceable....

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Again this isn't a renter in that sense, this is a vrbo type deal. They are gone by the time I get to court.. 

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8 minutes ago, HOOKEM4 said:

So say we have a HOA right now and a majority votes to revise the deed restrictions to prevent short term rentals, I was told that isn't enforceable....

It is not.  Deed restrictions are only enforceable to the extent they are written into the deed at the time someone takes title.  Revisions could be enforceable in the future, against future buyers.  HOA rules could conceivably be revised, that's kind of why they exist (to be more flexible than deed restrictions), but rental restrictions aren't enforceable usually unless in force when the owner buys or if the owner votes for that revision.  @Jerry Callo seems to be pretty conversant in Texas HOA law.

You would be seeking an injunction or a nuisance declaration against the owner, not the renters.

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Sounds like I will have a new vrbo that is conveniently priced slightly lower than them with more amenities. My wife wants to play the purge alarm every night they bother us. I could deal with the sound outside and not go enjoy my back patio on the majority of summer nights they are blaring whatever shit music they blare, but it has got to the point the kids are kept up at night since their bedroom is the closest to the chaos. We replaced the windows in our house with double pane windows thinking that would help, but basically we need to install thicker walls I think. The kids frequently come in scared at the noises they hear late at night. I go to 11 and go over and lose my shit, rinse repeat. Guess it is time to move.

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Shake your dick at them. Piss on them to assert dominance. Call the police and tell them the people are black so they’ll come in guns blazing.

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Sounds like I will have a new vrbo that is conveniently priced slightly lower than them with more amenities. My wife wants to play the purge alarm every night they bother us. I could deal with the sound outside and not go enjoy my back patio on the majority of summer nights they are blaring whatever shit music they blare, but it has got to the point the kids are kept up at night since their bedroom is the closest to the chaos. We replaced the windows in our house with double pane windows thinking that would help, but basically we need to install thicker walls I think. The kids frequently come in scared at the noises they hear late at night. I go to 11 and go over and lose my shit, rinse repeat. Guess it is time to move.

No body, no crime. They say.

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1 hour ago, HOOKEM4 said:

Sounds like I will have a new vrbo that is conveniently priced slightly lower than them with more amenities. My wife wants to play the purge alarm every night they bother us. I could deal with the sound outside and not go enjoy my back patio on the majority of summer nights they are blaring whatever shit music they blare, but it has got to the point the kids are kept up at night since their bedroom is the closest to the chaos. We replaced the windows in our house with double pane windows thinking that would help, but basically we need to install thicker walls I think. The kids frequently come in scared at the noises they hear late at night. I go to 11 and go over and lose my shit, rinse repeat. Guess it is time to move.

Fight fire with fire. I live on a city border where SFR looks at MFR.  A few years ago some stoners rented the apartment facing my daughter's bedroom.  They'd blast music all hours of the day and scream at each other to have conversations over the music.  After a few confrontations I said fuck it, and parked our car right in front of their balcony, lowered the window facing it down, turned on a hard rock channel full blast, and went too bed.  Funny part was the car was almost out of gas and parked on a hill, so when I went to restart it in the morning - nope. So I'm out there filling it up with a 2 gallon gas can and I can see then peeking out the blinds at me like I'm a serial killer.  I just smiled and waved.

Let the owner know this is what the future will be, and his reviews will whither. If my parking car routine doesn't work for back yard shenanigans, invest in some speakers and do the same. Short term add some white noise machines for the kids rooms, maybe some ear plugs, to get through the couple of times you need to do this until the owner gets the fucking message.

In no way should you have to move because of a dickhead owner.

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3 hours ago, NeverMarryAStripper said:

Wait until it’s empty and toss a Molotov through the widow

How hard do you have to throw it to make it go all the way through her?

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Have you looked @ their rental description through VRBO (or whatever site they use) to see if there's any suggestions about noise?

Also, for shits & giggles, is this in Austin (Travis County since you said it's in the ETJ)?

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Posted (edited)
7 hours ago, Mach 1 said:

Fight fire with fire. I live on a city border where SFR looks at MFR.  A few years ago some stoners rented the apartment facing my daughter's bedroom.  They'd blast music all hours of the day and scream at each other to have conversations over the music.  After a few confrontations I said fuck it, and parked our car right in front of their balcony, lowered the window facing it down, turned on a hard rock channel full blast, and went too bed.  Funny part was the car was almost out of gas and parked on a hill, so when I went to restart it in the morning - nope. So I'm out there filling it up with a 2 gallon gas can and I can see then peeking out the blinds at me like I'm a serial killer.  I just smiled and waved.

Let the owner know this is what the future will be, and his reviews will whither. If my parking car routine doesn't work for back yard shenanigans, invest in some speakers and do the same. Short term add some white noise machines for the kids rooms, maybe some ear plugs, to get through the couple of times you need to do this until the owner gets the fucking message.

In no way should you have to move because of a dickhead owner.

I had a suggestion from a friend to play the song they play at Disneyland on loop all night. Evidently that song will drive them crazy. 

3 hours ago, ROFL BOX said:

Have you looked @ their rental description through VRBO (or whatever site they use) to see if there's any suggestions about noise?

Also, for shits & giggles, is this in Austin (Travis County since you said it's in the ETJ)?

Yes and yes. The issue is who is going to enforce the noise? Basically it comes down to me going over there when it gets out of hand and asking them to quiet it down. By then you usually have 5-10 drunk dudes and their dumbass birds crowing about how they arent being loud or whatever other justification they create and it turns into a shitshow. I would rather not be in a position where I have to try to quiet them every couple of days. 

Edited by HOOKEM4

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Plant weed in their front yard. Call cops after it grows to a good height. If the cops arrest the owner of the property you win and if they don't take the weed you have a new source.

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When you purchase property, you are bound by any deed restrictions or CCRs (Declarations of Covenants, Conditions, and Restrictions).  Most CCRs have a mechanism for amendment and when you take the property subject to the CCRs you also take the property subject to amendments that conform to the CCRs.   With that being said, amending CCRs is a difficult process because you have to get 67% of the property owners to vote for an amendment (unless the CCRs have a lower voting threshold).  Assuming you can get the CCRs amended to include prohibition of STRs, then you have to enforce the restriction against your neighbor.  Both individual property owners and the HOA usually has the power to enforce.  It can't be enforced in small claims or justice court because you have to seek injunctive relief (seeking a order preventing your neighbors from violating the CCRs) - which can only be had in district court.

Summary:  You can amend, but it's near impossible.  You can sue, but it's expensive.

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Flood lights, speakers and cameras. 
 

“Afternoon delight “ on repeat. File charges against anyone setting foot on your property that is caught on camera. 

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2 minutes ago, RMac5 said:

Hang a bed bug warning sign on the front door.

Get some bed bugs.

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Posted (edited)
6 hours ago, HOOKEM4 said:

I had a suggestion from a friend to play the song they play at Disneyland on loop all night. Evidently that song will drive them crazy. 

 

I used the theme to Sanford and Son on loop in the past with great success. Not the shortened TV version, the full Quincy Jones release. 

Edit--This was not in any way a race thing. I am white and neighbors were white. I merely picked it to show them how crazy i could be. 

Edited by Fuck Tim Beck

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Posted (edited)

Rent it yourself and reimburse a couple of friends who also rent it and then trash their online ratings/reviews talking about the crazy neighbor next door who keeps bringing the cops to the door and interrupting the parties.  That's got to be cheaper than moving.

You could make your police reports that you hear an ongoing assault rather than a noise complaint.  It's hard to distinguish sometimes.

One might also post some signs in your yard pointed at the neighboring house that you report underage drinking, drug use, and noise violations to law enforcement.

Edited by Reagan1k

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17 hours ago, NeverMarryAStripper said:

Wait until it’s empty and toss a Molotov through the widow

Be sure to throw a brick first, breaks said window. Then throw your Molotov cocktail into the structure. Be mindful of fingerprints 

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18 hours ago, HOOKEM4 said:

For reference this is way out in the etj and not downtown where I would expect the kinds of crowds. If it were, I would accept it and rent myself. That may be what we do anyways, just thought I could get some feedback before we uproot and move to the country.

I was selected for a jury trial for a city noise ordinance complaint.  The neighbor had 3 pit bulls and they left them outside all day while they went to work.  The neighbor worked nights and could not sleep when he got home.  Might try to file on the home owner.    FYI - this was a waste of 6 hours of my life that I will never get back.  

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1 minute ago, Chicken fried bacon said:

I was selected for a jury trial for a city noise ordinance complaint.  The neighbor had 3 pit bulls and they left them outside all day while they went to work.  The neighbor worked nights and could not sleep when he got home.  Might try to file on the home owner.    FYI - this was a waste of 6 hours of my life that I will never get back.  

The statute of limit relations has long expired, dude.  Who did you find for in this "neighborly" dispute?

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48 minutes ago, Updawg said:

What do the current reviews say about the place?

Essentially perfect reviews.

32 minutes ago, El Diablo said:

Fuck the home owners wife. 

She is U G L Y. Hard pass.

 

I had my legal question pretty much answered and will figure out how to deal with the people going forward. 

It sounds like the folks are having an even larger party already today. They decided to park some cars in my front yard, mostly in the ROW but my wife subscribes to that idiot from TOS school of thought. She chased them off. It was a pretty bold move of them considering there is no curb and they parked fully in the grass front yard. 

 

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Get some of your black friends, if you have any, to get online and post how they would rent to them because they were black. The problem will be solved post haste.

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5 hours ago, Fuck Tim Beck said:

I used the theme to Sanford and Son on loop in the past with great success. Not the shortened TV version, the full Quincy Jones release. 

Edit--This was not in any way a race thing. I am white and neighbors were white. I merely picked it to show them how crazy i could be. 

I would go with It's a Small World After All

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Is the home owner occupied, or is it exclusively used for STR? If you're in Austin, I'm pretty sure the owner is required to have an STR permit from the city. If no permit, then I'd report them to city of Austin code enforcement. 

My understanding is most of the STRs in Austin are not permitted

https://www.austintexas.gov/page/types-short-term-rentals

 

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5 hours ago, HOOKEM4 said:

Essentially perfect reviews.

She is U G L Y. Hard pass.

 

Alright, then find out where's he's dipping his wick and fuck HER. And then tell the wife about the side piece.

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2 hours ago, mapplewhite132 said:

Is the home owner occupied, or is it exclusively used for STR? If you're in Austin, I'm pretty sure the owner is required to have an STR permit from the city. If no permit, then I'd report them to city of Austin code enforcement. 

My understanding is most of the STRs in Austin are not permitted

https://www.austintexas.gov/page/types-short-term-rentals

 

Not sure that matters in the 5 mile etj.

The party is rocking to tonight and I ran into the renters at the corner store getting beer and other stuff. I went to get some tortilla chips for some nachos the kids wanted. Guess who grabbed the last two bags right before I walked in? You cannot write this fucking script. 

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Posted (edited)
21 hours ago, CooterBrown said:

Why is this particular house a party house? How is it marketed that this happens every time?

Location, amenities and price. I dont want to dox myself but imagine a place that is perfect for chad bros to go and not spend $500+ a night but get those amenities. Every single outdoor amenity you would want in a party house is in the backyard. A new group just showed up today. Already getting turnt up. The next two months will be fun. I checked and all but 5 days were booked.

Edited by HOOKEM4

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I gotta admit I chuckled when you mentioned your home's value. Everyone always says that owning a house is an investment, well sometimes you invest in Tesla and sometimes you invest in Enron. I would buy a speaker and play a song with sporadic bass. We used to do that to piss off the neighbors when they wouldn't take our noise complaints seriously. This is the perfect song, wish it was around when this happened. Be careful because it's loud

 

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