Legal Question in Real Estate Law in Pennsylvania

If a by-law in a private community states you cannot run a business from your home, does renting that home constitute a business?

Asked on 6/29/13, 5:31 pm

1 Answer from Attorneys

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Renting a home to a residential tenant is not the same as conducting a business. Many people have home based businesses and if they have employees then they have traffic coming to and from their home which is why there is a proscription against this.

However, some communities also do not let property owners rent out their homes. That might be separately stated. These types of restrictions are aimed at preserving the character of the neighborhood. The thoughts go that when people start renting out properties the tenants do not take good care of them. Communities may get run down if there are too many rentals. So I would check with the property owner's association or in the declarations/covenants.

Some municipalities may have restrictions on the operation of businesses from home but that still would not address the tenant question so that is why you need to review the declarations and covenants and speak with the property owner's association.

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7/01/13, 9:08 pm

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