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Updated about 4 years ago on . Most recent reply

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55
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24
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Wayne Bolen
  • Leander, TX
24
Votes |
55
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Renting out second building on property?

Wayne Bolen
  • Leander, TX
Posted

We've been looking at some properties for some time now, and I've noticed occasionally that a house will have a second "apartment" on the property that's included with the sale. Often times these are fully furnished with bathroom/bedroom/kitchen, etc, but do not have a second address. I'm curious if properties like these can be rented out similar to a multi-family property, or if there are certain requirements that have to be met. Are there certain state guidelines regarding this scenario?

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23
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27
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Travis Lucy
  • Specialist
  • Austin, TX
27
Votes |
23
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Travis Lucy
  • Specialist
  • Austin, TX
Replied

I second @Bruce Lynn 's input and would add that it's a good idea to also review the CCRs for the plat of the property (if applicable).  These will frequently include provisions that explicitly prohibit a 2nd dwelling unit on a lot.  Here in Austin, the city doesn't review deed restrictions during permitting, but it's becoming increasingly common to see grumpy neighbors pursuing legal action to remove 2nd dwellings, based on deed restrictions.  Some of these restrictions are more easily enforced than others, and you might want to consult with an attorney specializing in land use issues to gauge the risk.

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