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Comment by Marazan | Hacker News Reader

Hey, if some chooses to live next to a hotel then that's there choice. If a unlicensed hotel opens next to them (i.e. an airbnb rental) then they have been impinged on.

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This will normally be covered by local laws or HOAs. It makes sense for neighbors to go after the person, but not to go after AirBnB.

AirBnB profits from illegal activity and they have deep pockets for a settlement _and_ want to avoid negative publicity which leads to explicit regulation of STRs. It makes a lot of sense.

That's a slippery slope; if my neighbors plant tulips and I HATE tulips, I don't get to sue for damages, even if the tulips weren't there when I moved in.

There is no slippery slope. The legal doctrine of quiet enjoyment is well established with clear limits based on centuries of precedents.

http://legal-dictionary.thefreedictionary.com/quiet+enjoymen...

Yeah, no. That's not a slippery slope. That you just being obstinate.

Legally, that isn't even remotely a slippery slope. There is a vast difference between a decorative object located solely within one's property which has no effect on neighboring properties, and an for-profit unlicensed/illegal activity which affects the neighbor's safety and use of their abode.

I'm not talking about hotels, I'm talking about the fact that you nor anyone else can tell the future. Your neighbor could start woodworking as a hobby, put in a pool, get a motorcycle, etc. You have no idea what may come, that's my point, and shouldn't expect compensation for inconveniences especially in the case of leasing. Your property value isn't affected, and in fact, it could lead to a decrease in your rent. For you, or whoever is disturbed, your option (as shown in the article) is to call the police. Furthermore, there are plenty of instances of zoning changes leading to hotels or other commercial operations popping up next to someone who did exactly what you suggest i/e living away from a hotel. If you (or whoever) want to be left alone and never be bothered, by a few acres of land, otherwise expect that at any point in time, you may end up being bothered.

Look, I get what you're saying and where you're coming from, and in theory, it sounds reasonable, but in practice (real life) it just doesn't happen that way.

> Your neighbor could start woodworking as a hobby [...] and shouldn't expect compensation for inconveniences especially in the case of leasing.

If by doing so causes noise, and the circumstances are unreasonable (e.g. woodworking through the night), a claim could certainly be made under nuisance. An injunction to cease the unreasonable behaviour (e.g. only allowing noise to be made during certain hours) would be the primary remedy, but monetary damages for, e.g., loss of sleep are also possible.

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