What to do if an STR opens next door

WHAT TO DO IF AN STR OPENS NEXT DOOR

  • Learn your area’s “nuisance laws” regarding noise levels, parties, activities, trespassing, harassment, etc. They should be available on the web.
  • Check if your area is covered by an HOA or CC&Rs that limit or prohibit STRs. Contact the Board about enforcement or changing the bylaws to prohibit STRs. 
  • Download the app “Decibel X” on your phone or tablet and learn how to use it – its a free app that measures and records sound levels and lets you take videos that include sound levels.  Sound levels usually need to be taken by a police officer to be admissible in court, but Decibel X provides a good record of what is going on and why it’s a nuisance. Very useful. 
  • Install security cameras if your budget allows.  Make sure you comply with ARS 13-3019 (see link) regarding Surreptitious Recording. Generally if you are recording an area that is open and continuously visible from your property, or, if the view of the neighbors property is incidental to the recording of your property, you should be OK. 
  • Work with your neighbors to build alliances and have a unified effort to deal with the STR.
  • Put “Neighbors Not Nightmares” signs in your yard – get neighbors to join in, build support – let the STR know where you stand
  • Change your WiFi router name to “Please be a Quiet Neighbor” or “We Call Police on Airbnbs” or similar so when the transients log on they see your message 
  • Contact the STR owner / manager on a cordial basis to let them know:
    • The neighborhood’s concerns about having transients in the area
    • It is the manager’s responsibility – not the neighbors – to keep the property in strict compliance with nuisance laws
    • No trespassing is allowed (this notice should be in writing or posted as necessary)
    • Records will be kept and police will be called on every violation. 
  • Give transients a “Welcome Neighbor” letter reminding them they are visiting your neighborhood and should be respectful. Click  HERE for an example. 
  • Keep a log of all incidents and actions taken – (date, time, what happened, who was involved, what action was taken, what was the resolution) 
  • Call the police at every legitimate opportunity. This helps build a record against the STR and shows up in police statistics about problem STRs.  But use discretion – there should be an actual violation of a nuisance law (like a noise level violation you got on Decibel X or a picture of illegal parking) or you feel threatened before you call the police.  
  • take pictures and videos of any violations, incidents or nuisances (parties, parking, trash, trespassing, etc.) but comply with ARS 13-3019.  
  • DO NOT get into an argument or altercation – Walk away and call the police instead. 

Beyond calling the police to enforce nuisance laws, you can file a lawsuit for an injunction or nuisance, but lawsuits are a very poor solutions since they are very expensive and time consuming. 

THE MOST EFFECTIVE SOLUTION IS TO CONTACT YOUR STATE LEGISLATORS AND LOCAL POLITICIANS TO BRING BACK SINGLE FAMILY ZONING AND CLASSIFY STRs AS COMMERCIAL PROPERTIES. 

Link to Arizona Revised Statute ARS 13-3019