Tenant running business

[Nadir M.]

Good afternoon 

Did a yearly walk-through with one of my tenants and I found that he is running a business in my property. This is a clothing and shoe business so nothing illegal to my knowledge. I believe he is running the business strictly online. No where in my lease does it say that no business can be conducting. I’m thinking of adding an addendum to make sure that for next years lease, he know that this can only be conducted online. Thoughts? Should I be worried? 

Also, the tenant does smoke. It was made clear that smoking can not occur inside the rental. During the walk-through, they lit many candles. When asked about it, they said they like keeping the house smelling fresh. Not sure if I buy it, regardless, having that many candles is a fire hazard. I heard some Landlords have a clause saying they can’t light candles. I mean this tenant always pays on time. I’ve had no issues. What’s everyone’s thoughts on what my next move should be

Thank you 

[Greg M.]

Even if your lease said no business could be conducted, you will likely NEVER get a judge to evict based on an online business. The running of the business would have to have a negative affect on the unit (customers visiting, noise caused by the production or fulfillment of the items sold, etc). 

My personal experience is that candles do not mask the smell of anything. They just add another obnoxious scent to the mix. 

Your next step should be to do nothing as you don't seem to have any real problems with this tenant. You can put a no business clause in the lease if it makes you feel better. While no candles is nice in theory, are you going to become the Candle Police and try to enforce it? You're never going to know.