How to Handle Illegal Short-Term Rentals in Maine

Understanding Illegal Short-Term Rentals (STRs) in Maine

Maine's picturesque landscapes and vibrant communities make it a popular destination for tourists. This demand has led to a surge in short-term rentals (STRs), such as those listed on Airbnb and VRBO. While STRs can benefit property owners and the local economy, they can also create problems when operated illegally. An illegal STR is one that violates local ordinances, homeowner association (HOA) rules, or state regulations.

⚖️ Common Issues Caused by Illegal STRs

Illegal STRs can disrupt the peace and quiet of residential neighborhoods and lead to disputes between neighbors. Common issues include:

• 📢Noise complaints: Excessive noise from guests at all hours can be disruptive.
• 🚗Parking problems: Guests may take up limited parking spaces, causing inconvenience to residents.
• 🗑️Trash and waste issues: Improper disposal of garbage can lead to unsanitary conditions.
• 🚫Violation of HOA rules: Many HOAs have restrictions on short-term rentals.
• 🛡️Security concerns: Increased traffic and unfamiliar faces can raise security concerns.
• 🔥Safety violations: STRs may not meet safety standards, such as proper fire exits or smoke detectors.
• 🏘️Decline in property values: Illegal STRs can negatively impact the value of neighboring properties.

🔍 Identifying Illegal Short-Term Rentals

Determining whether an STR is operating illegally requires investigation. Here are some steps you can take:

• 📝Review local ordinances: Check your town or city's zoning ordinances and regulations regarding STRs. Many municipalities require permits, licenses, or have restrictions on the number of days a property can be rented.
• 📜Check HOA rules: If you live in a community with a homeowner association, review the HOA's covenants, conditions, and restrictions (CC&Rs) to see if they address short-term rentals.
• 🌐Monitor online listings: Look for properties in your neighborhood listed on platforms like Airbnb, VRBO, and local rental websites.
• 👂Observe activities: Pay attention to the activities at the property. Frequent turnover of guests, excessive noise, and parking congestion may indicate an illegal STR.
• 🗣️Talk to your neighbors: Discuss your concerns with your neighbors to see if they have experienced similar issues.

🤝 Resolving Neighbor Disputes: Initial Steps

When dealing with an illegal STR, it's best to start with a neighborly approach before escalating the situation. Here are some initial steps to consider:

• 🗣️Communicate with the property owner: If you feel comfortable, try talking to the property owner directly. Explain the issues you're experiencing and express your concerns. They may not be aware that their STR is causing problems or violating local regulations.
• ✉️Send a written notice: If a direct conversation doesn't resolve the issue, send a written notice to the property owner. Clearly outline the problems and reference any specific ordinances or HOA rules that are being violated. Keep a copy of the letter for your records.
• 🧑‍⚖️Mediation: Consider mediation as a way to resolve the dispute. A neutral third party can help facilitate a discussion and find a mutually agreeable solution.

🏛️ Reporting Illegal STRs to the Authorities

If informal attempts to resolve the issue fail, you may need to report the illegal STR to the appropriate authorities. Here's how:

• 🏢Contact local government: Report the violation to your town or city's zoning enforcement officer, code enforcement department, or planning department. Provide them with evidence of the illegal STR, such as online listings, photos, and records of noise complaints.
• 🏘️Notify your HOA: If the property is subject to HOA rules, notify the HOA board of directors. They may be able to take action against the property owner for violating the CC&Rs.
• 📝File a formal complaint: Many municipalities have formal complaint procedures for reporting violations of zoning ordinances and other regulations. Follow the proper procedures to file a formal complaint.
• 📞Keep records: Maintain detailed records of all communications, complaints, and evidence related to the illegal STR. This documentation will be helpful if you need to pursue further legal action.

🛡️ Protecting Your Rights: Legal Options

If the illegal STR continues to cause problems despite your efforts to resolve the issue, you may need to consider legal options to protect your rights. Here are some possibilities:

• ⚖️Private Nuisance Lawsuit: In Maine, you can sue a property owner for creating a private nuisance if their activities unreasonably interfere with your use and enjoyment of your property. To succeed in a nuisance claim, you must show that the interference is substantial and unreasonable. Excessive noise, traffic, and other disturbances caused by an illegal STR may constitute a private nuisance.
• 📍Injunctive Relief: You can seek an injunction from a court ordering the property owner to cease operating the illegal STR. To obtain an injunction, you must show that you will suffer irreparable harm if the STR is allowed to continue.
• 🏘️Enforcement of HOA Rules: If you live in a community with an HOA, you can sue the property owner to enforce the HOA's rules regarding short-term rentals. The HOA may also have the authority to take legal action against the property owner.
• 🧑‍⚖️Declaratory Judgment: You can seek a declaratory judgment from a court clarifying your rights and the property owner's obligations under local ordinances and HOA rules.

💰 Seeking Compensation for Damages

If you have suffered damages as a result of an illegal STR, you may be able to seek compensation. Possible damages include:

• 📉Diminished property value: If the illegal STR has negatively impacted the value of your property, you may be able to recover damages for the loss in value.
• 🤕Emotional distress: In some cases, you may be able to recover damages for emotional distress caused by the disturbances and disruptions associated with the illegal STR.
• 💸Out-of-pocket expenses: You may be able to recover expenses you have incurred as a result of the illegal STR, such as costs for soundproofing, security measures, or legal fees.

Important Note: The availability of compensation will depend on the specific facts of your case and the applicable laws. It is essential to consult with an attorney to determine the best course of action.

🧭 Strategies for Addressing Illegal STRs in Maine

Here are some additional strategies to consider when dealing with illegal STRs in Maine:

• 🏘️Organize with neighbors: Work together with your neighbors to address the issue collectively. A united front can be more effective in persuading the property owner or local authorities to take action.
• 📣Advocate for stronger regulations: Advocate for stronger regulations regarding STRs in your town or city. Attend local government meetings and voice your concerns.
• 📰Raise awareness: Raise awareness about the issue of illegal STRs in your community. Write letters to the editor of your local newspaper or share information on social media.
• 🔎Gather evidence: Collect as much evidence as possible to support your claims. This may include photos, videos, recordings, and written statements from neighbors.
• 🧑‍⚖️Consult with an attorney: Seek legal advice from an attorney who specializes in neighbor law and real estate disputes. An attorney can help you understand your rights and options.

Maine Specific Considerations

Maine has specific laws and regulations that may affect how illegal STRs are handled. Some things to keep in mind:

• 🏘️Local Control: Maine is a "home rule" state, meaning municipalities have significant autonomy to regulate land use, including short-term rentals. Regulations vary widely across the state.
• 🏖️Coastal Communities: Coastal communities often have more stringent regulations due to the high demand for vacation rentals.
• 🌲Rural Areas: In more rural areas, enforcement of STR regulations may be less strict due to limited resources.
• 📝State Licensing: Maine requires lodging establishments to be licensed by the Department of Health and Human Services, but the applicability to short-term rentals can be complex and depend on factors like the number of units and whether meals are provided.

Conclusion

Dealing with illegal short-term rentals can be a challenging and frustrating experience. By understanding your rights, following the proper procedures, and seeking legal advice when necessary, you can protect your property and maintain the quality of life in your neighborhood. Remember to document everything and work with your neighbors to present a united front. Local regulations are key, so make sure to thoroughly research what your town or city requires from short-term rental owners.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.