Legal Question in Landlord & Tenant Law in California

Re: Offering paid services in an apartment

Without reviewing the local municipal ordinance, its hard to say for sure that the activity is illegal. As a general rule, a homeowner (and by virtue of their leasehold rights in the property, a tenant) does have the right to operate a business out of their home, however, most cities have restrictions on the activities that are allowed. In general, most cities require that it be a licensed business. As such, the tenant may be breaking the law and Code Enforcement for your City would be the one to complain to. Second, the restrictions on home-based businesses often require that they not generate regular traffic to the home. In other words, you can't open a retail store in your home. You can, however, run a business that has occassional traffic. I seem to recall that a message therapist who occassionally saw clients at home was an allowed use, but again, check with the City Planning department. You may also wish to complain to your homeowners' association - I'm fairly certain that your CC&Rs and Rules and Regulations probably prohibit business activity in a home after certain hours. You need to document what's happening very well - not just hunches. Finally, you can complain to the property owner, though in this tough economy, s/he may just be happy to have the place rented, and won't give much thought to your complaints. Best bet is to check both with the City and your HOA to see if the operation of such a business is illegal, and file a complaint with one or both entities if the activity turns out to be illegal.

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