Renting a Home

Lease Clauses

Can the tenant, with the landlord's consent, operate a business out of the rented premises?

How residential property may be used legally is governed by local zoning ordinances. In residential areas, some ordinances permit white-collar work, such as accounting, word processing, tutoring, and counseling, but forbid any commercial, retail, industrial, or manufacturing use.

Most leases provide that the tenant must use the premises solely for residential purposes. Thus, business uses would be illegal even if the zoning law allowed them—unless the tenant and landlord had eliminated the clause in initial negotiations for the lease or had modified or eliminated it during the term of the tenancy as an amendment to the lease.

>>What are the most important lease clauses from the point of view of landlords?
>>What are the most important lease clauses for tenants?
>>Can the landlord enter a tenant’s premises without notice?
>>Does the tenant owe the landlord a late fee if the rent is not paid on the date specified in the lease?
>>Is the landlord liable for the damages incurred by a tenant who was injured because of inadequate maintenance of the property?
>>Can the tenant, with the landlord's consent, operate a business out of the rented premises?
>>Whose improvement is it?
>>What does "right of quiet enjoyment" of the premises mean?
>>So what about noise?
>>Is renting a condo unit different under the law?
>>In a legal dispute between the landlord and the tenant, does the tenant have to pay the landlord's attorney's fees?


Practical Law Home | Renting a Home | Leases | *Lease Clauses to Consider* | Evictions
Security Deposits | Fair Housing | Where to Get More Help

Advertisement