Check before renting out residence for Super Bowl

Those who might want to rent out their homes for the weekend might want to be careful before listing the home.

HOUSTON - Super Bowl 51 is getting closer.

Some of you who might want to rent your home out for the weekend to make some easy money might want to be careful before listing your home.

This week a San Antonio court of appeals ruled in favor of a homeowners' association that sued a homeowner who had rented his home out on several short-term leases after advertising online even though his deed prohibited anything but residential use of the home.

"These types of leases are in violation of the residential use provision, so short-term rentals are more akin to a business use like a motel or a hotel," said Mia Lorick of Roberts, Markel, Weinberg and Associates, who argued and won the case. "There are homeowners' associations inside the city, there's HOAs outside the city so I think this is an issue that will affect folks all across the board, all across Texas."

Frank Carroll, another attorney at the firm, said similar cases have been brought in Austin, Beaumont and another in San Antonio.

"What you don't want is to have these three-bedroom, two-bathroom houses and now your neighbor to your right has 12 people living there every weekend as a party," Carroll said.

Leslie Sharp is putting her one bedroom in Tanglewood up on Airbnb for the Super Bowl weekend. Three nights at her place comes to almost $1,700

"For me, I have no interest in the Super Bowl or being in town during such a crazy time," Sharp said.

Sharp added she's not looking for a large crowd that wants to party, but she knew she could make some extra cash "and that hotels were going to book up immediately and that this was going to be a big opportunity for people."

The attorneys said in the long term in Houston, folks looking to rent out through Airbnb on or their own for Super Bowl could face injunctions from courts if requested by homeowner associations, condo associations and even neighbors who go to court.

Sharp said she did a test run and leased her place while she was on vacation. She said it went well. Meantime lawyers recommend taking a hard look at your deed restrictions, talking to an attorney and finding out what is OK.

(© 2016 KHOU)


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