Private-property rights in Texas gained a huge victory last month when the Texas Supreme Court unanimously sided with a San Antonio-area homeowner who was renting out his property on a short-term basis.
The homeowners association for the neighborhood claimed that this was a violation of the deed restrictions limiting property use to “residential purposes.” However, the justices ruled that short-term rentals are residential uses.
The Texas Association of REALTORS® sees this as a significant win for property owners across the state, as TAR has consistently stated that homeowners should be able to use their homes how they see fit, including as short-term rentals, without government intrusion.
While TAR did not file a “friend of the court” brief in this case, TAR closely monitored this case throughout the court process. Look for a more extensive review of the case and its impact on private-property rights in a future issue of Texas REALTOR® magazine.
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6 Comments on "This Texas Supreme Court Ruling is a Significant Win for Texas Property Rights"
Now if we can get the local government , thriugh zoning , to do the same thing as long as residential is residental.
This is significant for West Texas and those of us in the property management business.
While I agree with the decision this could have significant impact on property values. In areas where the owner is less than selective. unruly tenants can cause problems for full time residents. On the bright side it might increase listing volume.
I am wondering if this will still hold true when the HOA rules state no short term rental allowed. And not just residential use.
What is the definition of short-term rentals? Did this include Air B & B type rentals where they can lease by the night? or is nightly rentals still considered a business?