Short-term Rentals: Provident Law® Attorney Comments on the Debate Over Them

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short-term rentals
Real Estate

Short-term rentals are popular in Arizona.  However, a recent weekend report of a large party and shots fired at a short-term rental in Phoenix states criminal activity is becoming increasingly common. This incident occurred amidst a continuing debate on the booming business of short-term rental properties across the Valley. City leaders complain that state law prohibits them from limiting the locations or placing any restrictions on short-term rentals. At the same time, neighbors are fed up with the constant noise, strippers, drug deals, and violence from short-term rentals in their neighborhoods.

In response to increasing incidents like this at short-term rentals throughout the Valley, Scottsdale Mayor David Ortega is calling on state lawmakers to amend state law to allow local governments more control over short-term rentals. As Ortega pointed out, it is the local communities who are being disrupted by short-term rentals, and, as such, local governments ought to be able to place necessary restrictions on them to safeguard the tranquility and peaceful enjoyment of the residents of their communities.

Christopher J. Charles, Managing Partner of Provident Law®, a Scottsdale-based real estate law firm, weighed in on the debate. Charles states that most property owners he deals with act responsibly, although a few bad actors can give the short-term rental industry a bad name.

According to Charles, well-drafted short-term rental agreements, technology, and responsible property managers are critical to ensure that guests don’t cause disturbances to the neighborhood or otherwise break the rules. Property managers can swiftly terminate the occupancy of any guest caught breaking the rules by using rental property lawyers to draft short-term rental agreements and tightly monitoring guests at short-term rental properties.

Charles explained, “If there’s a violation of the lease because there’s an unauthorized party, unauthorized occupants coming on, they’re exceeding occupant limits, you know, that sort of thing, the lease is terminated, their occupancy is terminated, and they have to get out immediately.”

Furthermore, if neighbors are frustrated with disturbances at a nearby short-term rental, Charles advises them to speak with the property owner or manager about their concerns. If the situation fails to improve, residents also can report ordinance violations to the city.

As for the alleged shooting that recently occurred at a short-term rental near the neighborhood of Tatum Boulevard and Bell Road, the police have no leads, and the property manager denies that a shooting took place. The city of Phoenix has no record of a registered short-term rental at the address in question. However, the owners of all short-term rentals must register with the city and provide emergency and complaint-related contact information. The Neighborhood Services Department issued a citation to the property owner after receiving a complaint about the incident.

Contact a Real Estate Attorney for Help With Short-Term Rentals

Provident Law® is a real estate and business law firm providing legal representation and counsel in residential and commercial real estate litigation, real estate transactions, business law, and other legal matters. The real estate attorneys of Provident Law® represent the interests of individual and business clients in Buckeye, Fountain Hills, Gilbert, Paradise Valley, Phoenix, Scottsdale, and the surrounding areas. You can contact the offices of Provident Law® today at (480) 388-3343 or online.

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