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How to Stop a Tenant from Running a Business From His Apartment

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  • 02-15-2017, 06:03 AM
    lawfacts
    How to Stop a Tenant from Running a Business From His Apartment
    A tenant in California rents a one bedroom apartment that allows for his having two vehicles on the premises. He runs a business from his home, and has five vehicles parked in the apartment lot, that are picked up and dropped off by his employees. Sometimes they make a mess on the grounds and leave dangerous objects such as broken glass in the parking lot. How can the landlord stop the tenant from running the business out of the apartment?
  • 02-20-2017, 05:54 PM
    Mr. Knowitall
    Re: How to Stop a Tenant from Running a Business From His Apartment
    If the landlord has a lease provision that forbids the tenant from operating a commercial business from the apartment, then the landlord can seek to enforce that provision -- giving the tenant proper notice to cease the violation and starting an eviction action if the tenant does not. If the lease allows for only two vehicles, then the landlord may be able to have any additional vehicles removed -- but the landlord would want to be certain that he's in compliance with the state's towing laws, as the penalty for violating the law can be significant.

    If the landlord has not protected himself in the lease, he can end the tenancy at the end of the lease term. If it's a month-to-month tenancy, he can give proper notice to end the tenancy (30 or 60 days, depending on the length of the tenancy). If the tenant is violating local zoning laws that prohibit the business from being operated from a residential area, then the landlord may be able to get the local government to order the business activity to cease.

    The landlord should discuss these options with its landlord-tenant lawyer, who may have additional ideas or suggestions.
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