What canI do ifI have been accused of running a business out of my apartment when I am not?

UPDATED: Mar 8, 2011

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What canI do ifI have been accused of running a business out of my apartment when I am not?

I live in a senior apartment complex. Today I was called into a meeting with management. They read me a letter sent and signed by another resident, that stated I was running a business out of my apartment. They claim that I am charging people to run errands, and cooking and bringing them meals. This is a place where a large percentage of people are elderly and/or disabled and I do help out several but never charge anyone. I asked to read or have a copy of the letter and was told they would not tell me the name because of their rights. What are my rights to face my accusers?

Asked on March 8, 2011 under Real Estate Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, if no action is being taken against you (e.g. they are trying to evict you), there's no need to do anything. And, if no action is being taken against you, they have no obligation to present any evidence or witnesses to you.

Second, if they are trying to evict you, then they have to prove their case in a trial (assuming you do not agree to move out)--eviction *must* be done by a court proceeding. If that is the case, they will have to present evidence--such as testimony by witnesses--that you are doing what they claim you are; that will be your chance to confront witnesses and present your own evidence.

Note also that merely running a business out of a residential apartment does not automatically mean you could be evicted, even if true--not unless doing so is violation of a lease provision or community rules, or you are disturbing the peace in some way.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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