After 50 citations for operating illegal short-term rentals, the City of Hendersonville filed a lawsuit Monday against J&J Ventures LLC and its principals, Jeremy R. Durham and Jessica Durham, seeking an injunction and other damages to permanently shut down its two Hendersonville vacation rental homes.
The two homes, located at 540 Indian Lake Rd and 107 Breakwater North, have garnered numerous complaints from residents and neighbors for noise, late-night commotions, increased and erratic traffic and trespassing all related to these short-term rental zoning violations.
In 2023, the city began issuing citations for the properties and each one tried in city court has resulted in guilty judgements. Those rulings have all been appealed to the Sumner County Circuit court where the cases are still awaiting trial. In the meantime, J&J Ventures has continued to rack up additional citations for continuing to violate the City’s 2016 ordinance (#2016-16). Under that ordinance, these short-term vacation rentals (STVR), defined as rentals for less than 30 days, are only allowed in the Old Town Commercial (recently renamed Dockside Neighborhood) and General Commercial zones of the city.
The city requested the Court to issue preliminary and permanent injunctions. The hearing for the preliminary injunctions is currently scheduled for September 10. The trial date for ruling on the permanent injunctions has not been set. The city has had previous successes in cases where property owners were prosecuted for continuing to operate short-term vacation rentals after repeated citations.
Illegal STVRs are subject to fines, court costs, and further prosecution, with each day in operation being a separate offense. Mayor Jamie Clary wants residents to know the city staff will work hard to enforce the zoning ordinances and protect citizens.
“This property owner has chosen to violate zoning codes by using houses as motels in residential neighborhoods. He has been convicted and fined many, many times,” said Mayor Clary. “I have a responsibility to stand up for our residents and enforce the laws that the city board has passed. His short-term rental has become a burden on the city staff and the neighbors. They deserve to have their neighborhood back. The time has come to take the next step to stop this continuing illegal and insufferable behavior.”
With the on-going rise of vacation rental apps and websites, as well the increased popularity of closely situated Nashville, Hendersonville has continued to see an increase in illegal short-term vacation rentals across the city, particularly in lake homes. The City of Hendersonville wants residents and realtors to know they take illegal vacation rentals seriously. Information on reporting illegal short-term rentals is available on the city website at hvilletn.org/i-want-to/report-a-short-term-rental. Residents can also report concerns regarding illegal rentals by calling (615) 451-3838.
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