JJ Ventures: Hendersonville files lawsuit against short-term rental owners with more than 50 citations

HENDERSONVILLE, Tenn. (WKRN) - The City of Hendersonville is seeking to permanently shut down two short-term vacation rentals that officials said have racked up more than 50 citations. On Monday, August 5, the city filed a lawsuit against J&J Ventures LLC and its principals, Jeremy R. Durham and Jessica Durham, seeking preliminary and permanent injunctions as well as other damages. Hendersonville mayor will 'work hard to enforce' zoning ordinances relating to short-term vacation rentals In an announcement regarding the lawsuit, a spokesperson for the City of Hendersonville said the two homes, located at 540 Indian Lake Road and 107 Breakwater North, have been the subject of numerous complaints from residents and neighbors. Some of the top complaints have been in regard to "late-night commotions, increased and erratic traffic, and trespassing" - all of which officials attributed to "short-term rental zoning violations." Hendersonville banned all vacation rentals lasting less than one month in residential zoning in October 2016. Under the ordinance, short-term vacation rentals are only allowed in the Dockside Neighborhood and General Commerical zones of the city. The ban has since been widely enforced, with the mayor's office announcing that it would crack down on violators amid a reported rise in illegal rentals in 2023, which was accompanied by an influx of complaints from residents. CRIME TRACKER | Read the latest crime news from Middle Tennessee Several citations were issued, and each case tried in city court that year resulted in guilty judgments, according to city officials. Those rulings were appealed to the Sumner County Circuit Court, where the cases are still awaiting trial. Amid those proceedings, officials said J&J ventures has "continued to rack up additional citations for continuing to violate the City's 2016 ordinance." Illegal short-term rentals are subject to a $50 fine, court costs and further prosecution, with each day in operation being a separate offense. "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 Hendersonville 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." ⏩ Read today's top stories on wkrn.com The hearing for the preliminary injunctions has been scheduled for September 10. As of publication, the trial date for ruling on the permanent injunction has not been set. Officials noted that the city has had previous success in cases where property owners were prosecuted for continuing to operate short-term rentals after repeated citations. Even with the legal action, officials said Hendersonville has continued to see a rise in illegal short-term rentals, with many of them being lake homes. Residents are encouraged to report concerns regarding illegal rentals by calling 615-451-3838. Copyright 2024 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to WKRN News 2.