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Hendersonville seeks injunction to stop illegal short-term vacation rentals


Hendersonville seeks injunction to stop illegal short-term vacation rentals

After 50 complaints of illegal short-term rentals, the City of Hendersonville filed suit Monday against J&J Ventures LLC and its principals Jeremy R. Durham and Jessica Durham, seeking an injunction and additional damages to permanently close the two vacation homes in Hendersonville.

The two properties, located at 540 Indian Lake Road and 107 Breakwater North, have received numerous complaints from residents and neighbors regarding noise, nighttime disturbances, increased and irregular traffic, and trespassing, all of which are due to short-term rental zoning violations.

In 2023, the city began issuing citations for the properties, and every single hearing in municipal court ended in guilty verdicts. Those verdicts were appealed in Sumner County District Court, where the cases are still awaiting trial. In the meantime, J&J Ventures has accumulated more citations for continued violations of the city’s 2016 ordinance (#2016-16). Under that ordinance, these short-term vacation rentals (STVR), defined as rentals for less than 30 days, are only allowed in the city’s Old Town Commercial (recently renamed Dockside Neighborhood) and General Commercial zones.

The city has asked the court to issue temporary and permanent injunctions. The hearing on the temporary injunctions is currently scheduled for September 10. The hearing date for the decision on the permanent injunctions has not yet been set. The city has had previous success in cases where property owners were prosecuted for continuing to operate short-term vacation rentals despite repeated subpoenas.

Illegal STVRs will be punished with fines, court costs, and further prosecution, with each day of operation being a separate offense. Mayor Jamie Clary wants residents to know that city staff will work hard to enforce zoning regulations and protect residents.

“This property owner has chosen to violate zoning codes by using homes in residential neighborhoods as motels. He has been convicted and fined many, many times,” said Mayor Clary. “I have a responsibility to stand up for our residents and enforce the laws that the City Council has passed. His short-term rentals have become a burden on city staff and neighbors. They deserve to get their neighborhood back. It’s time to take the next step to stop this ongoing illegal and intolerable behavior.”

With the continued rise of vacation rental apps and websites, as well as the increasing popularity of nearby Nashville, Hendersonville has seen an increase in illegal short-term vacation rentals throughout the city, especially lakefront homes. The City of Hendersonville wants residents and realtors to know that it takes illegal vacation rentals seriously. Information on reporting illegal short-term rentals can be found on the city’s website at hvilletn.org/i-want-to/report-a-short-term-rental. Residents can also report concerns about illegal rentals by calling (615) 451-3838.

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