What canI do ifI have been accused of running a business out of my apartment when I am not?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 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.
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