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Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am renting a room in a house sitting on conservation land

Customer Question

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 Internet. I am not a business and I do not work for a company. I pay my own taxes,etc as is expected of an Independent Contractor/consultant. I have no direct one-on-one patient contact. My landlord has decided that it is illegal for me to a consultant here where I live because Zoning precludes it. I do not agree. He has already filed a restraining order. What do you think?
Rona Lieberman,MD
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Roger replied 7 months ago.

Hi - my name is ***** ***** I'll be glad to assist

Has the landlord provided you with the zoning ordinances he claims are relevant; and if so, have you taken a look at them?

Customer: replied 7 months ago.
if I were some mom and pop business he would be correct. HOWEVER, as an independent contractor I am
not a business and therefore not privy to the particular laws in question.
Customer: replied 7 months ago.
according to the IRS I am not privy to the zoning laws in question.
Expert:  Roger replied 7 months ago.
Ok. Thanks.
You are likely conducting business even if you're an independent contractor. But, if you're not creating business traffic in the neighborhood, then the landlord's claim is likely frivolous.
On a basic level, you're not doing anything different than I am right now......not anything different who sells on eBay (or a similar site) from home.But, all depends on what the zoning ordinance says and if you can't agree, then you should consult the enforcement agency and get an opinion.....and if that doesn't settle it, you could take the issue to court and let a judge decide the issue.

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