Is there a way to get your neighbors to stop using their house as a short-term rental altogether so you can sleep again?
As with many neighbor disputes, it's often best to first try to resolve the matter informally. It's possible the owners are unaware of the problem, since they aren't around to witness the behavior of their short-term tenants. Alerting them to your concerns and suggesting solutions, such as posting “house rules” for the renters to abide by, might be useful.
If an informal conversation is not beneficial, mediation might work.
In some U.S. jurisdictions, short-term rentals are regulated. For example, to limit the number of vacation rentals in a single neighborhood, a city might not allow someone to use a house as a vacation rental if there is another vacation rental within 250 feet.
To see whether vacation rentals are regulated in your area, review the applicable zoning ordinance (also called a “development code”). If the language of the zoning ordinance is unclear, call the local planning department for help, or hire a land use attorney to help you determine whether any regulations or restrictions apply to your neighbors’ use of the property as a short-term rental.
If you live in a developed community, also consider is whether any private covenants, conditions, and restrictions (CC&Rs) prohibit short-term vacation rentals or control noise. For example, if your house is a condo or townhouse in a subdivision with CC&Rs prohibiting loud noises after 10 p.m., you might be able to file a complaint with the homeowners’ association, and let them take care of enforcement.
If your attempts at informal measures (above) got nowhere, it might be worth writing a warning letter to your neighbor, citing the ordinances or regulations you found.
If you discover that your neighbors are using their house as a vacation rental in violation of the zoning ordinance, one option is to file a complaint with your local code enforcement department. The department will investigate the use of the property.
Through this process, your neighbors will receive notice of the complaint and pending investigation. If code enforcement confirms a violation of the zoning ordinance, your neighbors could be ordered to stop using the property as a vacation rental or else face a penalty, such as a fine.
Even if using the property as a vacation rental does not violate a zoning ordinance, most jurisdictions also have laws prohibiting nuisances and obnoxious noises. A nuisance is usually defined as: “something that interferes with the use of property by being irritating, offensive, obstructive, or dangerous.”
There might also be noise regulations that prohibit, among other noises, things like, “any yelling, shouting, hooting, whistling, singing or other human-produced noise that is unnecessarily loud.“
Noise and nuisance regulations are usually enforced by the local law enforcement agency, so you will need contact local law enforcement. A call from the police might serve as a wake up for your neighbors.
Although a lawsuit involves time, money, and risk, it's another option to consider. If the noise and partying is excessive, there might be a basis upon which to claim "private nuisance." You can ask the court to award money damages as well as an injunction ordering your neighbors to immediately stop renting their property as a short term vacation rental.
A benefit to seeking only money damages is that, if the amount is below the jurisdictional limit in your state (for example, $10,000), you can file the lawsuit in small claims court.
If you seek more than the jurisdictional limit or seek an injunction, you will need to file in a regular or circuit court. Before incurring the cost and risk associated with filing a lawsuit, consider mediation and talk to a lawyer.
]]>Depending on where you live in Virginia, the law may be on your side. Although there is no statewide ban on smoking in private residences in Virginia, tenants living in public housing or university housing may have nonsmoking policies in place. Regardless of where you call home in Virginia, you have some options for dealing with secondhand smoke, specifically cigarette smoke. For advice on dealing with marijuana smoke, see Nolo articles on stopping marijuana smoke from affecting your family and special issues regarding marijuana smoking in condo associations.
As nonsmoking laws become more prevalent (such as in the workplace; see Va. Code Ann. § § 15.2-2820 through 15.2-2833), more and more landlords are enacting nonsmoking policies in their buildings. There is no legal right to smoke, so landlords can create any type of smoking policy they want—as long as smoking areas and nonsmoking areas are clearly designated in the building.
If you're concerned about secondhand smoking, one of the first things you should do is check your lease regarding smoking policies. If your lease does not include a smoking policy, ask your landlord if there is one. If your landlord has one, ask for it in writing and include it as part of the lease. (Ideally, you will have done this before signing a lease, especially if you or someone in your family is particularly sensitive to secondhand smoke.)
If you live in a condo, you should also check with your homeowners’ association (HOA) to see if there are smoking restrictions for your building or common areas. Be sure to also look at provisions in the lease (or CC&Rs, if an HOA) that deal with nuisances, as secondhand smoke can be considered a legal nuisance in some situations.
Currently, Virginia does not have a statewide law prohibiting smoking in private residential units, such as apartments and condos. In fact, Virginia law prohibits local governments from enacting nonsmoking ordinances that are stricter than Virginia’s Indoor Clean Air Act, which prohibits smoking in most public places but not private places. However, landlords are free to enact nonsmoking policies in their apartment and condo buildings. The Alexandria Coalition for Clean and Smoke Free Air provides useful information for both landlords and tenants who want to create smoke-free housing or who want to know about their respective rights and responsibilities when it comes to smoking in rental units.
If you live in public housing or university housing, you are more likely to have laws that restrict or prohibit smoking in your apartment or common areas. In fact, the Department of Housing and Urban Development (HUD), which regulates public housing across the nation, recently announced that all public housing must be smoke free by 2018. Likewise, some Virginia universities have also adopted smoke-free policies, including Regent University and Eastern Virginia Medical School.
To see if your city or county has a law prohibiting or restricting smoking in private or public residences, visit the American Nonsmokers’ Rights Foundation; this organization also has extensive resources for tenants concerned with secondhand smoke (as well as information on e-cigarettes and vaping). To check if your university is smoke or tobacco free, visit the Tobacco Free College Campus Initiative.
If you have found that either your lease or a local law prohibits or restricts smoking in rental units, you should first try talking to your landlord about the situation. If other tenants are affected by secondhand smoke, see if they will join you in expressing concerns to the landlord. You should explain the lease provisions or laws and ask your landlord to enforce them to get the offending neighbor to stop smoking. You may feel more comfortable writing your landlord a letter or sending an email, rather than talking face-to-face. Putting your research in writing and asking for reasonable solutions can often be effective in solving the problem. Keep copies of all letters, emails, or notes of meetings with your landlord in case you need them for any future legal actions.
Remember to be respectful in your communications with your landlord. Detail your concerns and the problems you have been having with the secondhand smoke, and point out the specific lease provision or law that prohibits or restricts smoking in your apartment building or condo complex. Provide some potential solutions to the problem (such as fixing cracks in the walls or repairing faulty vents that allow smoke to drift into your home from a neighboring apartment). Be sure to leave your contact information so the landlord can discuss the matter with you further.
Even if you have not found a lease provision or local law that prohibits or restricts smoking on the rental property, you (and any other concerned tenants) should still try to talk to your landlord, especially if your health (or another family member's) is at risk from secondhand smoking. Perhaps you can help your landlord establish a smoking policy in your apartment complex. You might be able to come up with a reasonable compromise, such as restricting smoking to certain areas or times. The American Lung Association website has lots of useful information to help support your case; see, for example, Smokefree Policies in Multi-Unit Housing - Steps for Success.
If you can't reach a solution with your landlord and the secondhand smoke is disrupting your life or affecting your health, then you might consider moving out. Depending on the situation, you may have the right to break your lease because of the health effects of the secondhand smoking.
Depending on the severity of the problem, you may even want to consider bringing a lawsuit against the rental property owner. You might be able to claim that the secondhand smoke constitutes a nuisance or disrupts your right to quiet enjoyment of the rental unit. The Alexandria Coalition for Clean and Smoke Free Air provides some information on a tenant’s legal rights with regards to secondhand smoke and different legal remedies.
If you want to sue for money damages only (such as for dry cleaning or medical bills related to the secondhand smoke), you could consider bringing a lawsuit in small claims court. In Virginia, you can sue for up to $5,000 in small claims court.
Remember that lawsuits like this can be costly, time consuming, and damaging to relationships. You should consult a lawyer before making the decision to sue and consider whether bringing the lawsuit is worth the trouble.
]]>You are definitely in a tough position. Most jurisdictions, however, rely on citizen complaints to identify violations of land-use, building, and noise ordinances. As a result, in cases like this, your best bet might be to file a complaint with your local code enforcement department. That's what this article will discuss, including:
Whether chickens are permitted locally and if so, how many, varies from jurisdiction to jurisdiction across the United States. If chickens are permitted, some jurisdictions might permit four or five per residential parcel. In other jurisdictions, the number of chickens allowed on a lot might depend on lot size and the location of the chicken coop in relation to the property lines. Roosters are sometimes separately prohibited.
To find out what limitations, if any, apply to your neighbor, you will need to review your local zoning ordinance (sometimes called a development code). This document contains land use regulations that control how property owners can use their property.
Land use regulations can be confusing, so if you need assistance, a planner at your local planning department or community development department should be able to help you identify the applicable provisions.
In addition to land use regulations that directly address where and how any chickens are allowed, look into the applicable nuisance ordinance. Sometimes the zoning ordinance will include provisions addressing nuisances, but nuisance regulations are often found in a separate code or ordinance.
Some nuisance ordinances address noise or odors, others specifically prohibit keeping animals if doing so creates conditions that cause an offensive odor. The ordinance might even require the owner to remove animal waste every week or to otherwise address the smell.
Many jurisdictions make it easy to file complaints, either online or in person, over the phone, or by mail. The instructions for properly filing it vary from place to place. The department might have a form for you to complete or might just take your information in person or over the phone. When filing a complaint, you will need to provide the following basic information:
Whether you can file an anonymous complaint will depend on the rules in your city or county. Some municipalities accept them. If your intent is to keep your name secret, be sure to make that clear to the code enforcement department.
Take note, though: If you are the only witness, unless there is a blatant violation, it could be difficult for the investigator to put a case together without your statement. By trying to keep your involvement in the complaint process private, you could weaken your case against your neighbor.
After you file a complaint, the code enforcement department will investigate. The investigator will likely interview your neighbor and ask to inspect the backyard. The investigator might also interview you, and possibly other neighbors, to determine whether a code violation has occurred.
If the investigator cannot identify a violation, the code enforcement department can dismiss the complaint. If it determines there is a violation, your neighbor will be alerted and given a specified amount of time in which to correct the violation (for example, 30 days.) A neighbor who does not correct the violation by the required time might have to go to court or risk a fine.
In many cases, just having a casual conversation with a neighbor can help. Many people are unaware of the impact they have on their neighbors. Whether it is barking dogs, loud music, or stinky chickens, talking to your neighbor in a casual, non-threatening manner might spur them to fix the problem.
Placing sawdust or straw on the chicken poop might solve the odor problem. And perhaps upon becoming aware that the city or county allowed property owners to have only a certain number of chickens, your neighbor will comply with that limitation.
Mediation is another option that can be pursued before or after you file a code enforcement complaint. Mediation provides a neutral forum for parties to resolve disputes. Nonfinancial disputes, such as disputes between neighbors, can be particularly well suited for resolution through mediation. Since any agreement reached will be the result of the parties’ mutual efforts, both can leave mediation with their heads held high. This can be important, since it might be difficult to maintain a cordial relationship with the person living next door if one (or even both) feels like they "lost" in court.
Suing your neighbor is another alternative. It rarely is the best choice, since it costs the most money, takes the most time and effort (for preparation, court proceedings, and follow-up), and can be extremely stressful.
However, if code enforcement fails to find a violation and mediation does not work or is not an option, you might have to sue your neighbor. In a case like this, you might have a claim for private nuisance. Before filing a lawsuit, be sure to get advice from your own attorney to determine whether you have a claim.
Regardless of whether you have to file a lawsuit or not, talking an attorney is a good idea if you are concerned about getting into a dispute with your neighbor. An attorney can tell you exactly what land use regulations apply and, if necessary, provide guidance on whether or not you have a basis upon which to sue.
]]>We'll offer some insights and possible steps to take here.
This type of development can proceed quickly. Therefore, your best bet is to promptly determine the status of any development application, including applications for building and land use permits, filed by your neighbor. To determine whether applications have been filed, and if so, the status of those applications, contact both your local planning department and building department.
When you do, have your neighbor’s address available, since the application might not be under their name.
It is possible that your neighbor will need to obtain both a land use permit and a building permit. Land use permits are often required when owners seek to change the use of their land (for example, from single-family residential to multifamily), or construct a new commercial or multifamily project on their property. You can typically determine whether a land use permit is necessary by reviewing the local zoning ordinance. If the ordinance is unclear, you can seek clarification from the local planning department or a land use attorney.
Regardless of whether a land use permit is required or not, your neighbor will certainly need to obtain a building permit. Building permits are required to ensure public health, safety, and general welfare. A landowner must ordinarily obtain a building permit in order to construct, enlarge, convert, add onto, or demolish a structure. And the owner must obtain the permit before, not after, beginning construction.
As part of the building permit application process, city or county staff will review the application by for compliance with not only the building code, but also the zoning ordinance (sometimes called a “development code”). Others who might review the application include the road master, fire marshal, local law enforcement agency, and the city or county engineer.
If the planned addition is prohibited by the building code or zoning ordinance (or any other code or ordinance), the permit may be denied. In some situations, the applicant may be able to apply for a “variance,” which allows the development to proceed despite some inconsistencies with a code or ordinance.
Whether a proposed second story addition is in compliance with all codes and ordinances will require a detailed review of both the proposed addition and applicable codes and ordinances. Some common issues, though, that a person adding on to a house might encounter include:
“The purpose of this solar access provision is to provide as much solar access as feasible during the winter solar heating hours to existing or potential buildings by requiring all new structures to be constructed as far south on their lots as is necessary and feasible.”
If your local zoning ordinance includes such a provision, make sure the proposed second story addition complies with the stated rule. Typically, there are exceptions written into solar access provisions to allow development in cases where strict compliance with the provision would make development impractical. So again, this provision might not stop development of the second story, but by making sure the solar access provision is enforced to the extent possible, you can minimize its impact on you.
In addition to building code and zoning ordinance provisions that might provide arguments for why your neighbor’s second story addition should not be approved, you could also look into whether any private agreements limit development. For example, is your property located in a subdivision with Covenants, Conditions, and Restrictions (“CC&Rs”) that prohibit second stories? Be sure to review any CC&Rs that apply in your neighborhood.
In addition to CC&Rs, other private agreements might limit development on your neighbor’s property. For example, a previous owner of your house might have, after agreement with the owner of your neighbor’s property, created and recorded an easement that protects your right to sunlight or a view, by limiting development on your neighbor’s property. If you are unaware of any such agreement, you might need to go down to the County Clerk or County Recorder to search the public records. A title company or real estate attorney can help with this type of search.
A real estate or land use attorney should be able to help you work through the possible arguments you might have and properly challenge your neighbor’s second story addition. Act promptly to protect your rights. Missing a deadline could bar you from being able to challenge the addition, even if the addition will violate the law.
]]>One unsightly fence can definitely change the character of the neighborhood, though normally a homeowner would be within their rights to build one. Nevertheless, you'll want to do some research regarding any limitations, as described below.
A good first step would be to take a look at your local jurisdiction’s zoning ordinance (sometimes referred to as a “development code”). Although most locations allow fences in residential zones, you will want to review the code to confirm that front yard fences are in fact allowed in your neighborhood. If they are not, your neighbor might be required to halt his plans or even remove any fence he constructs and pay a fine.
Even if fences are allowed in your zone, if your property is located in a historic district, there could be additional regulations that apply. Historic districts often strictly require that any new construction (including fences and landscaping) be consistent with the historic nature of the neighborhood. If a proposed fence is not consistent with that historic character, it could be prohibited.
Assuming front yard fences are an allowable use in your zone, your neighbor will still likely need to abide by local “design standards,” which control the types of materials a fence be built with and how high a fence can be. For example, fences might need to be made out of wood, masonry, or metal, and be no taller than four feet.
Your local building regulations might also require setbacks, which control where a fence can be located (for example, 20 feet from the edge of the street). If front yard fences are permitted, you might not be able to stop the neighbor's fence altogether, but you might be able to remind the neighbor of certain standards to make sure it is not an eyesore (or at least as big an eyesore.)
It is also possible that, when your neighbor considers the cost of complying with the design standards, he will reconsider building the fence.
If you live in a subdivision governed by a homeowners' association, another document to review (if applicable) is the Declaration of Covenants, Conditions, and Restrictions (CC&Rs.) It's possible the CC&Rs prohibit fences, or at least restrict where fences can be built. CC&Rs often have stricter design standards than zoning ordinances and can be a helpful tool when objecting to a neighbor’s new fence.
Zoning ordinances and CC&Rs are not always crystal clear. Do not be afraid to ask for assistance from the local planning department (although it might not be able to help with CC&Rs) or your own land use attorney. If you seek help from a local planning department, be aware that, while staff there can be helpful, they do not represent you and will not act on your behalf.
How you proceed in trying to stop your neighbor’s fence will likely depend on what you discover in the zoning ordinance and CC&Rs. For instance, if you find that front yard fences are not permitted in your neighborhood because it is in a historic district, you might want to alert your neighbor to this fact in case he is unaware. If he goes ahead and builds the fence, you might have to file a complaint with your local code enforcement department.
Once code enforcement receives your complaint, it will investigate whether the fence complies with the applicable zoning ordinance and building code. If code enforcement confirms the fence is unlawful, your neighbor will likely be ordered to remove it or risk being fined.
The process for dealing with a violation of the CC&Rs will be different. In addition to CC&Rs, your subdivision might also have bylaws or rules and regulations that describe the process you will need to comply with to oppose the fence. Review those to determine what steps you need to take to stop construction of a fence that violates the CC&Rs. The subdivision might have a property manager who helps with complaints, or you might need to alert the homeowners’ association board of the violation.
If, after reviewing the zoning ordinance and CC&Rs, you determine front yard fences are permitted, you are not necessarily out of luck. One option is to have a conversation with your neighbor about the potential impact the fence will have on the neighborhood. It is possible your neighbor is so frustrated with, say, various irresponsible dog owners leaving poop in his front yard that he just wants to keep the dogs out, without considering the impact it will have on others in the neighborhood. He might not have thought about alternatives, such as small signs asking owners to keep their dogs of his lawn or subtle landscaping that discourages entry into the front yard.
If your neighbor is unresponsive to your attempts to communicate on the issue, mediation could be a good option. Mediation is a relatively informal forum in which two or more parties, with the assistance of a neutral third party, try to resolve disputes. It can be particularly helpful with neighbor disputes. Through mediation, you and your neighbor will try to get to the underlying issues and find a resolution that works for everyone. Whether through mediation or informal conversation, even if your neighbor is insistent that a fence be built, perhaps you will be able to help him design the fence in a way that limits the aesthetic impact.
If you believe the fence is not permitted, and your attempts to resolve the dispute informally or through code enforcement are not successful, you might need to file a lawsuit. It might be possible to get an injunction from a court ordering the fence be removed. Before filing a lawsuit, though, talk to an attorney to make sure you understand the cost and risk associated with such a move.
]]>My next door neighbor has several large marijuana plants growing in his backyard. I know smoking marijuana and other cannabis use in my state is now legal, but does that mean growing it also legal? One concern I have is that my neighbor has no fence or screening, so one can see the plants from the road. I do not want the plants to attract thieves or neighborhood children. You also can also smell the marijuana when it processed and dried, which I find offensive.
How do I stop my neighbor from growing marijuana?
While it depends on what state you live in, there are likely to be measures you can take to either stop or limit the impact of your neighbor's marijuana-growing operation.
Several states, such Colorado, Oregon, Montana, and New York, allow a person to grow limited amounts of marijuana for personal use. Washington state allows recreational use of marijuana, while it is not legal to grow one's own there.
If you live in a state that permits people to grow their own marijuana, it could be difficult to get your neighbor to completely stop growing. However, the grow must still comply with state and local law.
In the states that allow “home grows,” there are typically limits on the number of plants a person can legally grow: often between four and 12 plants per household. In addition to the total number of plants, some states limit the number of mature plants a person can have at any one time. So, someone might be able to have six plants, but only three mature plants at one time.
In states where it is legal to grow marijuana, it is also ordinarily a requirement that the plants be enclosed and out of public view. In other words, growing marijuana in a front yard garden with no fence would not be legal. However, if it is grown in a locked, fully enclosed area that is out of view from the general public, the home grow is likely legal.
Whether the grow is legal when only the neighbor can see the plants in the grower’s backyard is a tougher question. Some local ordinances declare it a violation if neighboring properties can see the plants, despite what the general public can see.
Most cities have adopted nuisance laws, which either encompass all offensive odors or in some cases, specifically declare any marijuana odor (whether from the smoke or the plant itself) to be a nuisance.
The result of these laws is that if the smell of marijuana drifts off the grower’s property so that a neighbor can smell it, the grower might be creating a legal nuisance and subject to a citation and maybe even civil liability.
Before involving law enforcement or the legal system, you might try to resolve the dispute informally. In cases like this, a first step might be to casually bring up your concern next time you see your neighbor. By being nonconfrontational, you might find your neighbor is unaware he is doing anything offensive and that he would willingly build an enclosure or move his plants to a less visible and more secure location (after all, it is to his advantage to protect his crop from thieves).
Community mediation is another relatively informal means of resolving neighbor disputes.
If your neighbor refuses to create an enclosure and secure his plants per any legal requirements, you might need to call law enforcement. It might be worth warning your neighbor first that if nothing changes, you will call the police. A threat from the police to issue a citation could be enough to get your neighbor to make the necessary changes.
If you do end up calling the police, don't use the emergency phone number unless the situation really does present some urgent, immediate danger.
It is possible, although perhaps unlikely, that the neighbor's growing operation could provide the basis for a civil lawsuit. This might be a stretch, especially if your neighbor is in compliance with the law. However, if the odor is bad enough to be considered a nuisance, or the plants are leading to crime in your neighborhood, you should talk to a lawyer about possibly pursuing a civil claim against your neighbor.
Legal marijuana presents a number of new issues that are still being worked out by lawmakers and judges. As a result, the laws continue to evolve. A local attorney familiar with the laws and recent changes can help you determine what your rights are and the best way to stop your neighbor’s marijuana grow.
]]>In many cities and suburbs, it is not uncommon to find an apartment or home that seems to be a central spot for sales or use of illegal substances. Below are a few things to consider, if you believe you are living near such a location. We'll cover:
Just because you've heard murmurings about a local home does not necessarily mean that illegal activities are actually occurring there. Unless you've personally seen drugs being sold with your own two eyes, proceed with caution. You would not want to make false accusations about your neighbor, whether those accusations are made to directly, behind the neighbor's back, or to law enforcement.
You probably cannot realistically solve this conflict with a mediator between you and your neighbor, as is often suggested for neighbor disputes, since most mediators would refrain from involving themselves in a conflict where one party was clearly engaging in illegal activity.
If you witness truly suspicious activity over a long period of time, you should involve the authorities. This is one of the few instances of neighbor disputes (another being a direct threat of violence) where you should not take matters into your own hands. You cannot realistically walk over to a neighbor’s door to engage in a good-faith neighborly negotiation and ask if the neighbor would mind not using the home to sell illegal substances.
Keep in mind that even once the police are notified, they will not arrest your neighbor. There will be a thorough investigation, to comply with due process, meaning that they will observe the area and potentially obtain a warrant to search the home for drugs. Only then would they be likely to arrest your neighbor.
If you live in a common interest development (such as a condo) that is governed by a homeowners’ or neighborhood association, you might first speak with your leadership there to report the problem.
If you do not have a neighborhood association, but do not want to call the police yourself, consider contacting a local representative on the city council or in the state legislature. Government offices are often willing to intercede on a resident’s behalf to file a report with the police.
If other measures aren't working, and you are willing to make your identity known to the perpetrators, and the house is a rental, here’s another possibility to consider: Similarly frustrated homeowners have successfully banded together to sue landlords who rent to drug-selling tenants. They've used a legal theory known as nuisance (use of property that unreasonably interferes with others’ rights) to claim damages for emotional and mental distress. Such a suit can potentially be brought in small claims court.
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