The Common Law

Residential home business – Is it allowed?

Let's be honest – at times everyone's neighbors do weird stuff. On some blocks the funky, eccentric neighbor is accepted in accordance with the "Keep Austin Weird" mantra. On other blocks, however, the activity is so far out-of-bounds that surrounding neighbors are left to wonder: Can they really do that? The next few weeks will address numerous questions received by "The Common Law" about suspect behavior from neighbors.

I live in a residential neighborhood. It looks like a neighbor on my street is running a small business out of his house. Sometimes he puts a small sign in his yard. Can the rest of us on the street stop him?

Possibly. Home businesses are highly regulated by the city. For example, businesses that are prohibited include auto-repair shops, equipment sales, and unlicensed massage parlors. Check out Austin City Ordinance 25-2-900 to determine whether your neighbor's business may be prohibited.

You should be able to prevent your neighbor from posting a commercial sign. The city of Austin prohibits advertising a home occupation by a sign in residential neighborhoods. Alternatively, the city of Austin does allow the following signs on private property temporarily: garage or yard sale, political, real estate, neighborhood meetings, lost or found pets, and contractors' signs.

My neighbor has had several garage sales recently. Best I can tell, she allows some of her friends use her house because they think the location is good. I'm tired of it and want them to stop. Can I do anything?

Yes. Austin residents are only allowed to conduct two garage or yard sales within one year. Anyone who conducts more than two garage sales in one year is considered to be running a business from home in violation of city ordinances.

If you think your neighbor is violating any of these statutes, it may help to talk with them about the potential violation. If the problem persists, you can call Austin's nonemergency line (311) to report the potential violation.

Please submit column suggestions, questions, and comments to [email protected]. Submission of potential topics does not create an attorney-client relationship, and any information submitted is subject to being included in future columns.

Marrs, Ellis & Hodge LLP, www.mehlaw.com.

The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.

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