View Full Version : Trespass Fee info needed.
Anyone here sell or buy them?
Long story short, my County doesn't allow short term rentals (under 30-days) i.e. VRBO. I know people who have purchased Trespass Leases which included a stay in a hunting cabin.
Anyone see any holes in my idea to not offer short term lodging, but offer a Trespass Fee which allows camping on the property, and if you find the cabin unlocked, feel free to use it for any purpose you see fit. It's a way to get around an oppressive county ordnance. The other thought is lease it for 30-days (minimum requirement), but you pay for one day up front, and if you leave in less than 30-days, there's a $1 penalty for breaking the 30-day lease contract.
whitewalrus
12-08-2020, 19:38
Routt County I assume? Always thought that ordinance was to protect the hotels and such in Steamboat. Most rural counties do not have things like this. I couldn't find the text of the ordinance, but call the number listed on their document and see what may exempt you:
https://www.co.routt.co.us/DocumentCenter/View/7734/HANDOUT-Short-Term-Rentals?bidId=
if your property is not zoned residential, you may not have to worry. Maybe if its vacant land it doesn't matter either, the cabin may not be considered a house.
Some rural counties require you to use your vacation property as a vacation rental when you're not there. The one I'm thinking of is not on this state though.
I like the idea of the work around, but I assume it's efficacy will rely entirely on the leniency of your neighbors and the people who enforce that rule.
Basically, local government doesn't believe property rights are rights at all. They want to control anything and everything. When talking to almost every department, like planning or building, their first answer is NO before you even finish asking the question, and if you get beyond that, their solution is is throw more money at it to meet their requirements. After engineering costs, added (and often unnecessary) features, permit fees, variances, lawyer fees, consulting fees, public hearings, special use permits, etc., etc., you end up paying a huge ransom just to get approval, then there's the high cost of materials and labor.
And they wonder why there's a lack of affordable housing in my County.
>>...if you find the cabin unlocked, feel free to use it for any purpose you see fit.
>>...if you leave in less than 30-days, there's a $1 penalty for breaking the 30-day lease contract.
IANAL but it sounds to me that if they really wanted to go after you, your intent would be pretty easy to prove.
Especially if you make that intent obvious, like asking about it on a bulleting board or something.
O2
Intent, and following the requirements to the letter of the law are two different things. If I follow the law by having a contract saying that the party leasing said property is for 30-days, and they break the contract, then no way is it on me.
Also, there's nothing in the County rules and regulations regarding trespass leases.
The funny thing, the County doesn't have the resources to enforce their regulations. I have a neighbor who has been doing the VRBO thing openly for years. Lots of complaints from other neighbors, but so far the only thing the County has done is send letters to the offender stating they are not complying with their ordnance.
The funny thing, the County doesn't have the resources to enforce their regulations. I have a neighbor who has been doing the VRBO thing openly for years. Lots of complaints from other neighbors, but so far the only thing the County has done is send letters to the offender stating they are not complying with their ordnance.
Sounds like you found a solution
JohnnyDrama
12-27-2020, 11:04
It sounds like the "local government" has been bought and paid for by the ski industry arm of the tourism board. White Walrus points you in a good direction. You might also try contacting a lawyer in Moffatt County. Someone there seems likely to have a finger on regional issues and be more aware of the "welcome hunters" market.
I think you have your plan in place and it sounds totally reasonable and fine to me. Hell, I’d be glad to sign your 30 day lease if the other details in it are appropriate. There’s some nice hunting up in your neck of the woods.
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