Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I have a church in my apartment where I have lived

Customer Question
for almost 10 years. The...
I have a church in my apartment where I have lived for almost 10 years. The previous owner didn't care. The new owner is using the church as an excuse to serve me a 'quit' notice (the notice does not list the reason to leave. The manager had made a remark about the church not being allowed, to me, a few weeks before the notice.) and I am due to be out of the apartment by the end of the month. The church is in good standing with the State of Colorado and registered. I am a licensed minister. The church is only 4 people. There has never been a complaint about the people, parking or noise of any kind. The main thrust of the church is serving in nursing homes, out on the streets and feeding the hungry in motels and on the street. The address of the church is also listed as my primary business address. Are my First Amendment rights being denied?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 16 minutes by:
4/15/2016
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,435
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Whether or not you can maintain any business, including a church in your apartment, is based on what it says in your lease. If your lease does not mention any prohibition against a business, then your new landlord cannot evict you, as it would be considered a breach of your lease to do so. If they try to evict you and there is no clause in the lease to do so, you would file an answer to the eviction and countersuit for breach of lease and illegal eviction (it is not a First Amendment violation because the government is not infringing on your rights).
If your lease does contain a prohibition and the landlord has never enforced it knowing the church existed, then you have grounds to argue that based on the amount of time you were operating that provision of the lease was waived and also the equitable doctrine of estoppel and laches applies because it was not enforced for so long to try to enforce it now would cause you extreme prejudice.
Ask Your Own Legal Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,435
119,435 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

119,435 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Me and a roommate were on a lease, he was a violent felon
Me and a roommate were on a lease, he was a violent felon and I was trying to help him on his last chance at freedom. We were both on the lease, he was sent to jail. Once he was out of jail, in fear f… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
If a parent die and the sibling is not on the lease but
if a parent die and the sibling is not on the lease but apply for the unit and denied what do we do to get them to move the items out of the unit … read more
Damien Bosco
Damien Bosco
2,978 satisfied customers
I recently signed a lease to rent an apartment with a move
Hi, I recently signed a lease to rent an apartment with a move in of Nov 1. I have not yet moved in as I was waiting until next weekend. I provided first & last months rent as security deposit. I was … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
What is the difference between a "true lease" and "financial
What is the difference between a "true lease" and "financial lease" as defined in Louisiana Landlord-Tenant law?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
I have a TAA lease that appears to be fully signed and
I have a TAA lease that appears to be fully signed and executed (it has a stamp saying "this document was executed via the TAA E-signature System" and includes an ID #), but the landlord says they mad… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
I lease a property for 2 years now my new lease end in 1/18,
I lease a property for 2 years now my new lease end in 1/18, I was receiving documents under a person that was not me from a lawyer. I ask my friend to look it up n I had an eviction from the bank. Wh… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
Are automatic lease renewals legal in the state of
Are automatic lease renewals legal in the state of Wisconsin. I signed a 1 year lease 5 years ago. I now want to move out of my apartment and the landlord says I am on a lease until March. I never agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
I have a lease issue. Pennsylvania. I submitted a lease
I submitted a lease agreement as a tenant, signed it. Had not received landlord signature copy for final sign off to indicate receipt of duplicate copy. Also, had not made a security deposit. Signed it during the evening, but decided to not rent the property. Sent a reply email the very next morning (@7 hours later) to communicate decision to not proceed. Do I still owe a deposit? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
Own the restaurant sign the lease to be in the property
Hello,my name is ***** ***** the restaurant sign the lease to be in the property since April but it has been delayed with the city permit , now the landlord asking the pay back pay rent before doing a… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I had leased a car for my daughter, she is not on the lease.
I had leased a car for my daughter, she is not on the lease. When she turned it in there was $5000 in damage. I am 69 yrs old and confined to a power chair, home bound. I only have social security to … read more
Andrew
Andrew
Attorney
Juris Doctorate
178 satisfied customers
I have a car lease that I got in... I have a car lease that
I have a car lease that I got in... I have a car lease that I got in September 2016 during a marriage that is now ending up in divorce. I got it because my spouse said he would be able to afford it fo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
Was convinced to sign a lease by roommates with false
Was convinced to sign a lease by roommates with false pretenses and now that truth was brought to light tried to get off lease before we took possession of house but lease holder said I couldn't witho… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
This is a question concerning breaking the lease of a
This is a question concerning breaking the lease of a commercial building in which I am the rentor. So, if there is someone available who has expertise in that area that would be who I need. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I leased a BMW on 7/31/17, and the information on lease
I leased a BMW on 7/31/17, and the information on lease document is wrong, the dealership did not send me my copy of lease document until 5 weeks (after multiple calls). They are not providing me with… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
We lease commercial office space in WA state. Our lease term
Hello, we lease commercial office space in WA state. Our lease term expires aug 2018 and we have 1 5yr option. The landlord just told us he is selling the building...what is the effect of the sale on … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
RE: Breaking a lease. We are in a year lease and have been
RE: Breaking a lease. We are in a year lease and have been there for 3 months. We would like to move out.(No fault of the owner) There is no early termination clause in the lease. What penalties and/o… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
Need info on breaking a lease in fl, I am currently leasing
I am currently leasing a villa in 'The Villages FL 32162'. Must move up to NY to get assisted living near my family. How can I break my lease with no penalties … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,435 satisfied customers
Signed a 1 year lease 04/17..agreed in lease to pay 325 a
Signed a 1 year lease 04/17..agreed in lease to pay 325 a month...200 for lot rent 125 for water and electric...for a total of 325...recieved a piece of paper taped on my door...rent going to 350 and … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x