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Old 03-09-2008, 01:38 AM
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Join Date: Mar 2008
Location: santa monica
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snoodle is on a distinguished road
Default Neighbor operating an illegal buissness in his apt

My downstairs neighbor is running a thriving florist buisness in his apt with no permits and breaking the lease management could care less but it's noisy all the time what can I do. Can I sue the management co
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Old 03-09-2008, 01:57 AM
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Originally Posted by snoodle View Post
My downstairs neighbor is running a thriving florist buisness in his apt with no permits and breaking the lease management could care less but it's noisy all the time what can I do. Can I sue the management co
What are you going to sue them for? They have the right to go after someone for breaking the lease. They don't neccasarily have an obligation to go after them. Your best bet may be with the city. Does the location allow for a commercial enterprise of that type? Many cities will not allow a commercial enterprise within a residential location unless that enterprise doesn't encroach on the area. For example many people run home based business that don't increase the traffic in the area. From what you are saying this business is increasing the foot traffic in the area. Business's that opperate in that manner have a legal responsibility to do several things. One of which is ADA compliance, another is city fire codes for a commercial location. Depending on the city that you live in their could be additional codes. To find out contact the city. You can either tell them that someone is operating a business in one of the residences, or you can get them to the top of the priority list by letting them know that you allready have a business concern operating at the location and you want them to stop by and help you become compliant. Give the perameters for the rental and an estimate of the amount of customers that visit the location.
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Old 03-09-2008, 10:13 AM
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Ask your neighbor if they are planning to move their business now that it's thriving. The ynay have just been testing the waters before making a huge investment. On your way home or driving around the neighborhood, see if you can spot a potential alternative location and suggest it to them. If they refuse, tell them they are interfereing with your right of "quiet enjoyment". Write a certified letter of the management company and your neighbor. If you get no response, you can sue for the infringing on your right of quiet enjoyment. First thing you want to check is if they have a permit for the business; next, check the zoning for your building (the Department of Building and Safety will be a great help). If your building is not zoned for a business, point this out to the management company. If they don't respond, report them to the city. I guarantee that the city will shut them down.
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Old 03-09-2008, 10:50 AM
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Why not simply ask your neighbor to keep the noise down?

If the management company does not mind that the person is trying to launch a florist business in his/her apartment, why should you care? Perhaps the person plans to lease commercial space for the business once enough money has been made to do so. A lot of people create and run a business from their home initially. This does not seem like cause for great alarm. If they were selling drugs, then it would be a different story.
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Old 03-09-2008, 06:11 PM
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I wonder if this is a situation where the guy is preparing flowers for the street vendors or is he doing a mailorder/telephone business & making deliveries etc.?

In any case, call the City and they will make an unannounced visit. If they operate an at home business, they need to obtain a permit and pay taxes.

Also, he shouldnt be operating a retail business from home where people are coming and going or where they are making noise.. That apartment complex is home to all the other tenants and they pay for quiet enjoyment.

Quality of Life, something that Los Angeles hasn't the money to enhance anymore, and us residents are letting it waste away to compromise.
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Old 03-09-2008, 07:24 PM
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doesn't one need commercial refrigeration to operate a florist shop? also, the flower business is WET and messy, so you also need tile or cement floors with proper drainage. i don't understand how any of this would be possible in an apartment. what, does he keep his inventory on ice in the bathtub?
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Old 06-27-2009, 10:35 PM
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I have a similar situation. I have a neighbor who is running a business from his garage. I am certain that this is against zoning laws and perhaps even some fire laws. The garage is stuffed full of boxes and there is no room for even one car or a motorcycle for that matter.
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Old 06-28-2009, 02:11 AM
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Originally Posted by himurax13 View Post
The garage is stuffed full of boxes and there is no room for even one car or a motorcycle for that matter.
Oh big whoop. That's just like every other garage here in SoCal.

Honestly, what they're doing in their home is not your business. OK, so I sold a couple old items on eBay, and suddenly I'm operating a home-business? Puh-leeze. As long as they're not grossly violating noise ordinances or doing something hazardous like a meth lab, leave them alone.

If you get nit-picky, then those errant grass clippings that blew onto the street ... yeah, you realize you could be fined a $1000 for littering, right? Maybe your neighbor should report you for that one ...
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Old 06-28-2009, 01:42 PM
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Ask the person to keep it quiet.

Use the code violation as leverage against your landlord. Be tactful.

LA is tricky because a lot of people run businesses at home, on the side, or as primary income. This is an ambitious city, and a lot of people work from home (myself included, as well as my s.o.). People seem to be pretty tolerant of it, as long as things don't get out of hand with Moderator cut: language customers lingering outside the home.

If you can get another place to rent (as backup) report the violation to the city, and be really nice to them. Try to get them to enforce the zoning laws, but don't let the neighbor know you're ratting them out. They probably have some sympathetic neighborhood customers.

Last edited by Dark of the Moon; 06-28-2009 at 01:47 PM.. Reason: Language
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Old 06-28-2009, 10:45 PM
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Quote:
Originally Posted by himurax13 View Post
I have a similar situation. I have a neighbor who is running a business from his garage. I am certain that this is against zoning laws and perhaps even some fire laws. The garage is stuffed full of boxes and there is no room for even one car or a motorcycle for that matter.
what kind of business. A home office with inventory in the garage for mail order is one thing, but a home auto repair shop is quite another.

In any case a home based business needs to be licensed and to pay taxes.
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