Home-based Business


May 15, 2018

Type: Local or online agency
Location: New York City
Lease doesn't contain a home-based business clause.


If your building is not zoned commercial, which is, what is required to have a business there, that is one issue you have to deal with. The second issue is, that if this is a residential building, even without a home business clause in your lease, if you are running any business, that increases traffic into the building, the landlord can forbid you from doing, what you are seeking. An online business, where there is no increased traffic in the building and you do not have a "brick and mortar" business, would not be a zoning issue and would not cause an issue with the landlord, although you have to continue listing your name on the building list and you can list your business name under that as long, as your name appears.

So you can put the business name under your name, but not solely your business name on the box or bell. The landlord will stop that, because they rented to you, not to the business. However, if this is a business, that creates customer traffic in the building, the landlord can force you to stop because of zoning and because you are using the premises as other, than a residence to bring in clients/customers of your business.

You can run an Internet- or online-based business in the building as a home-based business, which is an exception under zoning laws. Your landlord could negotiate a rent raise, when your lease comes due and you need to explain, that you work at home, that is your job, you are not bringing in customers to the building, it is online.

Unless you are in a rent-controlled building, the landlord can always seek to raise the rent, even if you do not have a business, so I cannot say, he will not try to raise the rent. If you are in rent control, for an online business that is no different, than working from home as long, as you are not increasing traffic in the building.

If you are sending out mail or packages (have a daily UPS pickup scheduled), that is generally not an issue of increasing traffic.

If your business is just online, you are entitled to have a home-based business and there is nothing, he can say about that.