What exactly are your constitutional rights when it comes to renting out your home? That’s a key question in the tourist city of South Lake Tahoe, California, where a controversial vacation rental law was passed in the recent November election, by just 54 votes. Certain aspects of the law went into affect at the start of the key Holiday Break ski season, but a judge took just minutes to issue a temporary injunction, granting a small reprieve during the holiday season.

Residents of South Lake Tahoe narrowly passed Measure T this past November in an effort to stop the commercialization of neighborhood communities by placing bans on vacation home rentals.

Judge Issues 30 Temporary Injunction

Opponents of the law have sought a temporary injunction, a preliminary injunction, and a permanent injunction to bar enforcement of Measure T. A judge recently heard arguments regarding placing a temporary injunction on the second prong of Measure T, which would have in effect nullified any contracts already made to accommodate more than twelve people in homes within the applicable zone.

Will Measure T Help or Hurt Tourism?

Those opposing Measure T claim that it discriminates against certain property owners, interferes with vested rights, and violates both state and county land use laws. According to the complaint, they also claim it violates the U.S. Constitution’s privileges and immunity clause. Those in favor of the law claim that their residential town has been taken over by tourists, or, in effect, strangers, that don’t care about the character of their neighborhood.

Judge Smith will begin hearing arguments for an injunction from both sides next month. In the meantime, it’s business as usual in South Lake Tahoe. If you are experiencing similar rental issues in your town, contact a local land use and zoning attorney. Property law is very complicated, and varies by city. To understand the laws in your local community, contact a lawyer who is familiar with the subtle nuances and trends pertaining to your particular area.

Related Resources:

  • Find a Land Use and Zoning Lawyer Near You (FindLaw’s Lawyer Directory)
  • Wisconsin Lakefront Property OK for Short-Term Rental, Court Rules (FindLaw Decided)
  • Top 3 Legal Questions If You Rent or Airbnb Your Home (FindLaw Law and Daily Life)

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