Hendersonville files lawsuit to stop apparently illegal short-term vacation rentals

HENDERSONVILLE, Tenn. (WZTV) — The City of Hendersonville has filed a lawsuit against a property management company for allegedly operating illegal short-term vacation rentals (STVR).

The city is suing J&J Ventures LLC and its principals Jeremy R. Durham and Jessica Durham, seeking an injunction and damages to permanently stop the operation of the two rental properties in Hendersonville. Previously, 50 charges were filed for operating illegal STVRs.

The city claims that two homes in the area have received various complaints from residents and neighbors for the following reason:

• Noise
• Excitement until late at night
• Increased and “irregular” traffic
• Trespassing

The two houses, located at 540 Indian Lake Road and 107 Breakwater North, are accused of violating zoning regulations for short-term rentals.

The city of Hendersonville began issuing citations last year, and each of those citations resulted in guilty verdicts. All verdicts have been appealed to Sumner County District Court, where the cases await trial.

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The city says that during that time, J&J Ventures received additional citations for continued violations of the 2016 city ordinance (#2016-16), which states that STVRs, defined as rentals for less than 30 days, are only allowed in two zones of the city: Old Town Commercial, which was recently renamed Dockside Neighborhood, and General Commercial.

The temporary injunctions requested by the city are scheduled for September 10. There is currently no hearing date for the decision on permanent injunctions.

The city emphasizes that illegal STVRs are subject to fines, court costs and further prosecution.

Mayor Jamie Clary says city staff is working to enforce zoning plans to protect Hendersonville residents.

“This property owner has chosen to violate zoning codes by using homes in residential neighborhoods as motels,” said Mayor Clary. “He has been convicted and fined many, many times. 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.”

Hendersonville has seen an increase in illegal STVRs throughout the city, especially in lakefront homes, due to the growing popularity of its proximity to Nashville.

You can report an illegal short-term rental here on the city’s website. Residents can also report concerns about illegal rentals by calling (615) 451-3838.

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