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One neighborhood, two stories — and a legal minefield

At the heart of the dispute is whether Stewart’s actions crossed a line. Stewart received a cease-and-desist letter alleging that he has harassed guests, recorded them without consent and intimidated them with menacing signage — including signs on his fence that say:

  • 'AIRBNB GO HOME’
  • You are DESPISED’ and
  • ‘You are INTRUDERS in a RESIDENTIAL NEGHBORHOOD’

For passersby, the scene now resembles something out of a bitter political campaign rather than dispute among neighbors in an enviable Houston suburb.

For his part, Stewart insists he’s simply protecting his home and community. He says the rental has brought strangers into the neighborhood who act as if they’re on vacation — not in someone else’s backyard.

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What the law says about short-term rentals in Texas

Short-term rentals, typically defined as properties rented for fewer than 30 consecutive days, have exploded in popularity. In the U.S., the short-term vacation rental market was valued at nearly $70 billion in 2024, with an expected growth rate of 7.4% through 2030.

But in Texas, such properties remain a legal gray area. Texas has no statewide law banning or comprehensively regulating such rentals. Instead, regulation of the short-term rental industry is left to local governments, resulting in a patchwork of rules across cities.

A 2022 Texas Supreme Court ruling found that a homeowners association (HOA) could not use standard “residential use only” deed restrictions to prohibit short-term rentals.

The court found that unless deed restrictions specifically ban short-term rentals, simply requiring “residential use” does not bar owners from renting their properties for short periods.

Attorney Mahsa Monshizadegan told KPRC that disputes arise over short-term rental properties and otherwise “when one neighbor tries to enforce their own standard of a neighborhood on everyone else” — particularly in large cities like Houston.

“How you resolve the issue matters,” she added. “All disputes should be resolved through good faith and not like unilateral enforcement of their own demands.”

She added that it would have been better if Stewart had approached the owner of the property directly rather than expressing his frustration with the short-term rental guests.

What both sides need to know

Operating a short-term rental may be legal, but it comes with responsibilities. Hosts must be aware of local zoning codes, occupancy limits, noise regulations and tax requirements.

Cities like Houston, Austin and San Antonio have passed ordinances to regulate or restrict short-term rentals. In Houston, short-term rental owners must respect the city’s rules around noise and sound, neighborhood protection, waste and litter and fire codes. Houston is also launching a hotline people can call with complaints about short-term rentals to have the appropriate city department follow up.

Short-term rental hosts in Texas are often responsible for collecting hotel occupancy taxes and registering with the state. Violating those rules could open owners up to fines or lawsuits, but the rules stop short of outright bans.

Even with evidence of rule-breaking, the better path may be cooperation rather than conflict. Hosts can ease tension by screening guests carefully, enforcing strict house rules and communicating openly with nearby residents.

Sharing a phone number in case of problems or limiting large gatherings can go a long way toward keeping the peace.

Meanwhile, neighbors who feel blindsided can try engaging in a civil conversation before turning to lawyers or public protest. If both parties come to the table with goodwill, they may find common ground.

Mediation through an HOA or neighborhood group can also provide a neutral space for resolution.

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Chris Clark Freelance Contributor

Chris Clark is freelance contributor with MoneyWise, based in Kansas City, Mo. He has written for numerous publications and spent 18 years as a reporter and editor with The Associated Press.

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