Private-property rights in Texas gained a huge victory last month when the Texas Supreme Court unanimously sided with a San Antonio-area homeowner who was renting out his property on a short-term basis.
The homeowners association for the neighborhood claimed that this was a violation of the deed restrictions limiting property use to “residential purposes.” However, the justices ruled that short-term rentals are residential uses.
The Texas REALTORS® sees this as a significant win for property owners across the state, as TAR has consistently stated that homeowners should be able to use their homes how they see fit, including as short-term rentals, without government intrusion.
While TAR did not file a “friend of the court” brief in this case, TAR closely monitored this case throughout the court process. Look for a more extensive review of the case and its impact on private-property rights in a future issue of Texas REALTOR® magazine.
Now if we can get the local government , thriugh zoning , to do the same thing as long as residential is residental.
This is significant for West Texas and those of us in the property management business.
While I agree with the decision this could have significant impact on property values. In areas where the owner is less than selective. unruly tenants can cause problems for full time residents. On the bright side it might increase listing volume.
I am wondering if this will still hold true when the HOA rules state no short term rental allowed. And not just residential use.
What is the definition of short-term rentals? Did this include Air B & B type rentals where they can lease by the night? or is nightly rentals still considered a business?
This is where I have to respectfully disagree. If you have a bad permanent neighbor, you can develop coping strategies. With the neighbors always changing, you do not know what your life will be like on a weekly basis. If I had children, I will be very nervous living anywhere that allowed short term rentals – you do not know who will be there, and often, the owners do not anything about the people who will be renting the place. One family type neighborhood in Galveston had awful issues with short-term rentals. People who buy in neighborhoods to live should… Read more »
I understand the hotel/motel mentality. As a host for ABB and Homeaway I screen my guests very carefully as I live in the home. One solution might be to fine property owners if their guests violate any rules or maybe on a case by case situation take away the right to host if one is irresponsible in choosing guests. Hosting has helped put my daughter through college. I’m 5 houses down staying at my mom’s while the guests are in my home. I greet them when they come, show them where I’ll be and my neighbor has my number should… Read more »
Good points and nice creative solutions. Why punish everyone for the neglect of a few individuals?
I am a short term tenant. I am able to rate the homes I rent. The owner rates me as a tenant. If I have a bad rating other owners will not rent to me. Your comment about owners not knowing who they rent to is not correct. I am sure there is a small percentage of short term tenants who are bad. I am sure there is a small percentage of homeowners who are not good neighbors. The difference is bad neighbors who own their homes are long term. I have rented from property owners who are retired just… Read more »
Does this include all property rights use or only in home owner’s associations…..how about cities that only have an ordinance prohibiting STR?
People are moving away from cities and the overly oppressive HOA’s, in hope of having rights to their property. Builders don’t want buyers to have rights, so they now create deed restrictions and will not hesitate to take you to court to enforce those deed restrictions. Builders also, add items to the title that are not found till closing. Unlike Realtors they are not held to a code of ethics and will not disclose plans or restrictions that are to vague for a nonlawyer to understand. Our politicians have taken the side of the builder and gave them exemptions from… Read more »