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Reading the Chicago Landlord tenant ordinance I was surprised how tenant favorable it is. It seems like realistically one can just stop paying rent if they no longer want their lease. landlord can sue for back rent but you were supposed to pay that anyways. Or you can violate some other lease clause and force landlord to evict you.
Reason this comes up is that I was about to sign a lease on a new place. I had told the landlord I would be operating a business from home. Initially this was no issue. Then I wanted to insist that the lease state that lessor is aware that lessee is operating a home based business. This is when the issue arose. Landlord now says that HOA won't allow home based business.
Really my only concern is having HOA shut down my activity and then being stuck with ten month lease and not being able to work. If I had to move with a couple weeks notice I wouldn't really be that concerned and I think it pretty improbable that HOA will ever say anything. However it does seem to me that if I just let the lease stipulation slide I could just keep conducting my activity and force the landlord to evict if the HOA got on his case. In such circumstance I don't think I have much or any financial risk.
The reality is the Tenant just about always has the upper hand as long as moving isn't an issue.
A Tenant can make so much trouble that everyone will be glad just to have them go...
HOA do have real power and Home Based Businesses are often targets...
The problem becomes acute when you have increase traffic due to the business... as long as no one knows your running a business from the company you keep... little chance anything will happen.
Now getting the landlord to acknowledge your business eliminates his option of plausible deniability...
Locally, a home owner was just fined because of the multiple UPS and FedEx deliveries going and leaving his HOA property. Seems the street is narrow with only assigned parking and no curb parking... everytime the delivery truck goes to the home the road is impassible... and this is a problem because it happens several times a day 5 or 6 days a week. He is running a Internet Business and ships and receives a number of parcels everyday.
Are there circumstances or activity that will send up a red flag that you are operating a home based business? Why would you sign a lease knowing you could be facing an eviction, sorry to say this, that's not even good common sense.
Why would you even think on moving there if you know the HOA doesn't allow home based businesses. Our HOA doesn't allow it and IMO that is pretty normal. The lots are too small and no parking in any street so it will cause issues if customers have to be at your home. If you just have a office and no customers, it will be different. But if you upfront know what the deal is and still want to go ahead, than you are only to blame for the trouble later on, and even if the tenant law is more on your side and you stop paying...a judgment is a judgment and can harm your credit score, but who cares it is your credit score not mine or anybody elses...
However it does seem to me that if I just let the lease stipulation slide I could just keep conducting my activity and force the landlord to evict if the HOA got on his case. In such circumstance I don't think I have much or any financial risk.
Trust me, you don't want an eviction in your background. It will cost you more than you realize. It will obviously lower your credit score, you will have to pay for the owner's attorney's fees and court costs, it will remain on your record for 10 years. You will have an extremely difficult time securing housing, sale or rental, in the future. Don't chance it.
Last edited by Babytarheelz; 06-18-2009 at 08:56 AM..
Reason: typo
It all depends on the nature of the business. I teach piano out of my rental house, no HOA and the neighborhood has ample parking. Not a peep out of anyone, except that the city wanted me to get a license and made me pay $37 to claim an exemption based on the fact that I'm an educator.
Business is online retail. No customers on site. Only sign of activity is UPS pickup daily and me unloading cargo van of inventory twice a month. Unloading of van could probably be hidden behind closed garage door.
I agree that eviction is not ideal. However maybe landlord lets me out of lease rather then face non payment of rent and going to court.
I also agree that it makes much more sense to find a place without problems (no HOA). That's why I was upfront with the landlord and wanted it written into the lease. Problem is that my wife and I are on different pages on that. She loved this place and is rather upset she didn't get it. But I think she just needs some time and I need to find another place almost as good.
Trust me, you don't want an eviction in your background. It will cost you more than you realize. It will obviously lower your credit score, you will have to pay for the owner's attorney's fees and court costs, it will remain on your record for 10 years. You will have an extremely difficult time securing housing, sale or rental, in the future. Don't chance it.
You are right about that; get an eviction on your record and you may end up living in a motel.
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