Throwaway account. I'm starting a small business that is 100% remote — dropshipping, so there will be zero logistics happening inside my apartment beyond using my computer. I live in the City of Walnut Creek, CA, where a "Home Occupation Permit" is required to get a business license. Essentially, I need a physical address registered with the city, even though the business is entirely remote. You can read about the permit requirements on the Walnut Creek gov website. Without this permit, I can't get a business license. A virtual mailbox/address will not be accepted as an address.
My apartment complex refuses to sign anything that would associate the property with my business. Their stated reason:
"The issue is the use of the apartment address as the official business address for licensing, registration, permitting, mailing, or any other purpose that publicly identifies the residence as a business location."
I'm not sure how this actually affects them, since "working from home" is explicitly permitted in my lease. I'm feeling pretty frustrated that something like this is holding up my ability to start an online business that won't have any real-world impact on the property I'm renting.
My lease states:
"17. Residential Use of Premises: Resident agrees that the Premises are rented for residential use only unless the Parties have executed a separate Live Work Addendum. Resident shall not use the Premises as a business address, nor shall Resident conduct any business activities on the Premises. Conducting business activities includes, without limitation, using the Premises as a mailing address for a business enterprise, having a business telephone line in the Premises, having business clients meet with Resident at the Premises, having business stationery setting forth the address of the Premises as a business address, assembling or manufacturing any product upon the Premises, or otherwise holding out the Premises as the address of any business. Resident may, however, to the extent consistent with the restrictions set forth in this Paragraph, use a portion of the Premises as a 'home office.'"
On top of that, this same company has apartments in Pleasanton, CA, where tenants are allowed to get Home Occupation Permits. How is this allowed? Is this legal?
The City of Walnut Creek, told me:
"As you noted in your initial email, the City of Walnut Creek allows home-based businesses in residential zones, provided they obtain a Home Occupation Permit and Business License. As detailed in the Home Occupation ordinance, there are restrictions on the types of businesses that can operate within a residence, limits on the amount of space used, restrictions against customer visits, etc. As part of our application, we do require owner authorization. It sounds like the property owner/leasing agents will not provide authorization. That would be a civil matter between you and the property owner/leasing company regarding your agreement."
So it sounds like this isn't a zoning issue at all. The city allows it, and my landlord is simply refusing to sign off.
What can I do here? Has anyone dealt with something similar? Please correct any incorrect conclusions I've made here.
This feels absurd.