How the law sees it

Under Section 2255 of the Civil Code:

1. The tenant must use the apartment properly, in accordance with the lease agreement.

2. If this does not cause increased burden for the apartment or the building, the tenant may also work or run a business there.

This provision cannot be validly excluded or restricted in the contract. A landlord cannot include an effective prohibition on business in the lease agreement – the only limitation comes from the law: the business must not cause increased burden for the apartment or building.

Main risks and common mistakes

• Invalid prohibitions in contracts – a clause “tenant may not run a business” is legally ineffective.

• Unclear definition of ‘increased burden’ – may include frequent client visits, noise, excessive energy use, above-standard wear and tear.

• Registering a business without communication – even if consent isn’t required, failing to inform the landlord can damage the relationship.

• Unsuitable type of business – noisy, dusty or odorous activities can lead to termination under Sections 2288 or 2291 of the Civil Code.

Step-by-step approach

1. Assess your type of business – purely administrative, or with frequent customer contact?

2. Check your lease – ignore any prohibition on business, but verify other provisions (e.g., structural alterations).

3. Communicate – notifying the landlord may prevent disputes.

4. Minimize the burden – avoid noise, high traffic or damage to the apartment.

5. Keep evidence – preserve communications and a description of your business activities in case of dispute.

Case study

A client – a graphic designer – had her company registered at her apartment. After a year, the landlord claimed he was banning the business and threatened termination. After legal intervention, we proved the work was purely administrative, with no increased burden, and the termination notice was withdrawn.

Why be careful with DIY legal solutions

Ignoring mandatory provisions can lead to a tenant accepting an invalid prohibition or, on the other hand, running a business in a way that genuinely endangers the tenancy. Legal advice often reveals risks and solutions that a layperson may overlook.

Lawyer’s recommendation – checklist

✅ Assess whether your activity increases the burden on the apartment/building.
✅ Even without a legal duty to, inform the landlord.
✅ If the business changes the apartment’s layout or use, put it in writing.
✅ Follow obligations under the Civil Code and other applicable laws.

FAQ

Can a landlord forbid running a business in an apartment?
No, if the business does not cause increased burden (Section 2255 of the Civil Code).

What is “increased burden”?
Frequent client visits, noise, odours, excessive energy use, or damage to the apartment/building.

Can a tenant be evicted for running a business?
Yes, if it seriously breaches tenant obligations or causes increased burden.