Legal Question in Real Estate Law in California

Re: renting home weekends in residentul area

Good morning to you. Currently, there isn't any State law that prohibits short-term rental of residential properties. If the problem rises to this level, you can go after the neighbor for nuisance regardless of whether its his son or renters. I would suggest two things. First, if you are in an HOA, your CC&Rs probably prohibit short-term, or vacation rentals. Most require that the property be rented for a minimum of 30 days, however, that's not always the case. Read your CC&Rs carefully, as well as any rules and regulations the HOA may have promulgated. If you do not live in a property with an HOA, then you should check with the City. Some cities have provisions in their zoning laws that prohibit short-term rentals in certain residential zones. If he is renting the property as a vacation rental or short-term rental, then he also has to register with the City and pay inn-keeper taxes - might check with the City's business license department. In either case, if there are prohibitions, the HOA or the City can pursue the neighbor. Finally, get to know your City's municipal code relative to amplified music and other noise-related provisions. If they are regularly violating these provisions, the City can enforce their municipal code through code enforcement or the police if necessary. I hope this helps you.

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