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Gerald-Esquire, Other
Category: Landlord-Tenant
Satisfied Customers: 2754
Experience:  30 Years of experience.
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Second Opinion please: I am renting a room in a house

Customer Question

Second Opinion please: I am renting a room in a house sitting on conservation land (Hawaii). I am an independent contractor physician and practice "telemedicine"; in other words I consult with patients
via the internet. I am not a business and I do not work for a company. I pay my own
taxes,etc as is expected of Independent Contractors (consultants). I have no direct patient contact. My landlord has decided that it is illegal for me to be a consultant here in the
house because Zoning precluds it. I do not agree with this. What do you think?
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Gerald-Esquire replied 7 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If you do not have people coming to the property than the commercial zoning rules do not apply.

Zoning Codes as they pertain to Home Based Businesses address the following types of issues:

1) Physical Changes to the Appearance of Your Home – Most zoning codes:

Prohibit exterior physical changes to the home for the purposes of conducting business
Prohibit outside business activities, storage, or displays
Prohibit signage or commercial vehicles

2) Traffic Issues:

Restrict the numbers of visitors to a home-based business
Restrict the number of employees working in the home or prohibit employees altogether
Restrict business parking or require that additional parking be provided

3) External Effects or Nuisances:

Restrict or prohibit nuisance impacts (e.g., noise, odors, glare)
Prohibit use or storage of hazardous materials

Since none of these elements exist in the type of work you are doing there is no basis to apply the Zoning Code to prohibit it or restrict it.

Here is a link to the Code:

Finally, under the Landlord Tenant Law you are entitled to the "Quiet Enjoyment" of your home. Therefore, unless you are violating your lease, or creating a nuisance or disturbance, it is none of the landlord's business what you do in your home.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


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