How to Legally Work from Home in California | Home Occupation Permit | Zoning | Insurance
What’s the legal way to work or start a business from your home or apartment? In this video, I share about three aspects you must consider if you work from home, how to figure out if you can legally work from home, and the next steps for any home business. These legal issues apply to anyone living in California as well as in other U.S. states.
00:00 Intro
00:49 Zoning and Home Occupation Permits
09:38 Landlords & Homeowners Associations
15:28 Homeowner’s/Renter’s Insurance
Join the Discord Community to connect with other small business owners like you & get access to exclusive events: / discord
Did you find this video helpful? Feel free to send a tip to enable me to keeping making more videos!
Tip Jar: paypal.me/elizabethpw
Legal Disclosure: Elizabeth is licensed to practice in the state of California and before the United States Patent and Trademark Office. Information contained in this video is not legal advice - please seek advice of counsel. This video and description may contain attorney advertising.
Disclosure: My videos may contain reviews, recommendations, testimonials, or endorsements of other businesses, individuals, events, materials (such as books), products, services, or websites. I may receive affiliate percentages on sales; if so, it will say “affiliate link” after the link. I will clearly disclose if I have received a free product, free service, discount, or any other compensation related to a review.
Instagram: / elizabethpw (@ElizabethPW)
Twitter: / elizabethpw (@ElizabethPW)
My law firm for small business law (trademarks, contracts, forming LLC/corporations): www.elizabethpottsweinstein.com
#legallyworkfromhome #homeoccupationpermit
Пікірлер: 69
If you are looking for info about How to Get a Business License, check out this video: kzread.info/dash/bejne/a36j1bKDe8_ReLQ.html
Thanks for your excellent and concise videos. I am starting a small business from home. And it's very helpful to find a trustworthy legal resource for working class folks, who cannot yet afford any legal fees. Please keep up the good work. Best regards.
@ElizabethPW
3 жыл бұрын
Glad it was helpful!
Thank you Elizabeth I love all your videos they are very helpful. I prayed when I remembered for your good health and success with thus KZread channel.
@ElizabethPW
2 жыл бұрын
Thank you!
Very helpful info thanks
@ElizabethPW
3 жыл бұрын
You're welcome!
I appreciate you!!!!
@ElizabethPW
Ай бұрын
Thanks!
I recently decided to start a handcraft leather goods business from home and found out that my city does not allow "handcraft" business activities per their home occupation permit clause. Would it be futile to negotiate with the city government about this? Great video and thank you very much for your time!
@ElizabethPW
3 жыл бұрын
There may be an exception process that you could use to appeal the rule -- look in the local ordinances to see if they have a process like this about permits. Might need a hearing. The other option is to use some type of co-working place.
Thank you for great information. I do have a question? we opened a retail online business and the county of San Bernardino sent us information that our business should be published in the newspaper. It also says in the letter that the county cannot give you legal advice if we need to publish or not. So since we are NOT dealing with clients and it’s an online business is it necessary to pay the $45 fee to have it published on the newspaper or basically it doesn’t really matter and just pay for it?
@ElizabethPW
3 жыл бұрын
Did you file for a DBA (or FBN)? If so, yes you need to publish it in a newspaper. And yes it is a ridiculous rule for many reasons, but it’s required as a formality to get the valid DBA/FBN. Check out dbastore.com - they can do the publishing for you
We live in this home. And the People before us use to have a home occupancy permit but they moved like a month ago. And the city comes to ask if they can inspect or talk to the owner of the company
@ElizabethPW
Жыл бұрын
Sorry to hear that you are having that headache. I hope the city understands that they moved and you are not running that business
It feels so complicated to be able to get this. Like for instance I’m working on opening a business on selling cosmetics online. It’s all going to be e-commerce. Is it normal that they want to do a home inspection for the home occupation license? And do you know other than home occupation and business permit if there’s something else I’ll need to have to operate that?
@ElizabethPW
3 жыл бұрын
Yes it can be overwhelming! Here's a video I did that may be helpful to create your to-do list: kzread.info/dash/bejne/aKZ6qsemgdS8g7Q.html Whether they do home inspections really depends upon the location - it is fairly rare - unless you have a business like catering or something that has a health consideration.
Please I need a video about how to get wholesale permit. It's necessary to start to buy goods without sales tax.
@ElizabethPW
3 жыл бұрын
That's a good suggestion for a video! In the meanwhile, to get the wholesale permit in California, you would get a sales and use tax permit - you can do that online registration via this link: www.cdtfa.ca.gov/services/#Register-Renewals
What kind of zone does Manufacturing Planned Development fall into cuz I want to rent office space to start my e-commerce business and use it as my virtual office address
@ElizabethPW
2 жыл бұрын
Generally, Manufacturing Planned Development is a type of industrial zone. You'd need to look at the municipal code / ordinances for your city/town to see the allowed uses. Or talk to the people in the zoning department for the city/town.
where would a mobile business fit in here? As a mobile business I think most counties and cities put mobile under home business. Any way around this or suggestions with this business situation? Or is it not really an issue? thanks!
@ElizabethPW
2 жыл бұрын
In some places they have a special rule for a mobile business. But yes typically you'd think of your home office as the headquarters and file for the biz license in that town.
Question. I live in an unincorporated area in Santa Ana, CA. From my research, to apply for a business license, I would have to apply at the Orange County Sheriff Dept. not Santa Ana. Is that correct? Do you think applying at the county level is less strict?
@ElizabethPW
3 ай бұрын
I have never heard of applying for a general business license from a sheriff's office (sometimes there are requirements for certain types of permits, like for massage). Here's info from Orange County www.ocgov.com/business/permits-licensing/apply-business-license
I live on a utility route, which is surrounded by businesses in an apartment. Not to worried :)
@ElizabethPW
2 жыл бұрын
Some cities/towns don't enforce their permit/licensing rules, and some go to a weird amount of effort. Maybe you live somewhere where the local govt isn't focused on this.
@relaxingnaturemelodies1287
2 жыл бұрын
@@ElizabethPW I live in a business area. Unsure why anyone would care. I am literally surrounded by businesses, restaurants, banks, and grocery stores, etc.
@ElizabethPW
2 жыл бұрын
The cities/towns like to collect their fees. That's usually what it is about.
Hello 👋. I want to get a business license for my home illustration business (no clients coming, no employees). I took a look at the Home Occupation License for my city, and it has no signature space at all for a landlord to sign. Will I still need a landlord signature or will the city contact my landlord about it?
@ElizabethPW
Жыл бұрын
In some places they don't ask about the landlord. You may also need to check their ordinance (like laws for a town) to see if there is a rule there. Usually if there is no place for landlord to sign, they won't check, but in a few smaller towns they do check if the place is a rental.
I have a Virtual Executive Assistant business that I just started on the side of my regular 9-5 job and the city of Glendale, CA requires a home occupancy permit. Is this something I should really apply for given that my business is entirely virtual and nobody is coming to my home to do any business. They have really frustrating requirements like landlord signature (He's okay with it) but they also need floor plans which I don't have and my landlord doesn't have them easily accessible. I did email the city but am waiting to hear back. Is this something I should just not pursue and hopefully not get in trouble?
@ElizabethPW
8 ай бұрын
It really depends on the city. Some of them go out of their way to find out if businesses operate there without permits and some do not. Also a nosy neighbor can report you (but that usually happens when people have clients coming a lot)
Hey Elizabeth, When it comes to getting a Home Occupation Permit in San Diego, do i need one for a visual web design studio? like designing websites and stuff? if so, Who should i call regarding that information? Also do you know how much this permit will cost?
@ElizabethPW
Ай бұрын
Here's a guide about that www.sandiego.gov/sites/default/files/dsdib540.pdf
would i need "home occupancy permit" if i'm selling print on demand clothes, printing them at home but selling online, so no customers coming in the home but technically running a business from home. and i'm hoping to write off that space in taxes in future too
@ElizabethPW
3 ай бұрын
Depends on the city/town -- you need to look at their rules (or email them)
Im a renter, are the homeowners financially responsible for anything regarding my home business? I'm just consulting thats it
@ElizabethPW
2 жыл бұрын
There could be a problem for the homeowners if your client fell down or if you used toxic chemicals or burned the place down ... but probably nothing like that for consulting. In some places you need the homeowner's consent for your business license, and check your lease to see if having a business is not allowed. Also, make sure you have business insurance as well as renter's insurance.
Hi, I don't know if you will see this comment since the video is 2yrs old, but I'm hoping you do. I'm trying to start a side gig doing portraits or headshots out of my home and is how I ran into this video. I emailed my city after watching this, Victorville CA, and ask which Business License I would need to apply for, my guess was Services. However they replied letting me know this "The type of business license you apply for will be based on the location you are listing on the business license, such as if you are planning to use your home address for the business license you would apply for a home based business license, however, please be advised customer are never permitted to come to the home, so when applying for the business license in the description you need to specify how you will service customers." So am I out of luck trying to have 1 customer a time in my home to do headshots? Any recommendations? Thanks in advance.
@ElizabethPW
Жыл бұрын
It is hard because some cities have this restriction, but not all of them (many state that you can have 1 customer at a time). And if you state that you are doing the photos on location, but customers come to your home regularly, a nosy neighbor might report you for all the customer going in and out. Obviously you could change the business model to take the headshots at the customer's location, or at a neutral location (parks, etc.), or you could rent space. Sometimes office sharing / virtual office space works, and sometimes it does not (depends on the city).
I have my sellers permit & resale certificate ... I’m literally only selling my clothing online via Shopify from computer. Is it necessary to have a home occupation permit or any form of business license for strictly online sales? I’m located in Burbank, CA.. I feel like it’s not needed but I don’t wanna miss any steps or get in trouble. Any help would be greatly appreciated
@ElizabethPW
10 ай бұрын
Well if you asked the city they would say yes, because they always want to get their tax money. But what it comes down to is if some neighbor gets mad or something goes wrong with the biz, then they discover you didn't do a business permit or tax, it's a problem. I am sure tons of people don't get them when their biz is just online. One thing is if you are shipping to/from your house, all the boxes may alert neighbors you are running a biz
I’m filing out a reseller application and it ask for 3 addresses..business physical..additional physical and mailing..I’m working from home but have a virtual address…which address do I put on business physical and additional physical …thanks
@ElizabethPW
5 ай бұрын
The physical must be a street address -- CA sellers permit people look up the addresses on google maps street view, and if you put a virtual, they will know
@ivettesanchez7947
5 ай бұрын
@@ElizabethPW the virtual office is an actual address it’s an office building like I can go there and have meetings, they collect my mail but I am working from home
My landlord never responded to my zoning permission application for an online business. I would only be doing computer work and drawing out of my home.
@ElizabethPW
2 жыл бұрын
Hm yes I'm not surprised, many of them either ignore or reject the request. One option is to become a member at a co-working space where you can use their address as your physical location address for any forms, mail, or business license. Also, there are many home business owners who just don't get the permit/license, because they can't get it and they don't have any obvious business-like activities (clients coming, employees, noise, etc.). It's a risk (with both the landlord and the city), of course.
@poundcake4936
2 жыл бұрын
@@ElizabethPW Thank you for your input. I'm at a standstill right and I'm looking into relocating from California.
I do handyman repairs just got my llc but I rent how do I get a home occupancy permit…
@ElizabethPW
Жыл бұрын
Some cities/towns don't have it. But if it does, check it out to see if it requires the landlord to sign off (some do, some don't). Assuming your landlord won't agree or you can't ask them, then I'd look at getting a co-working space membership or similar so you can use that address for your business license.
@arealmaintenanceandrepairl1103
Жыл бұрын
@@ElizabethPW my city has home owner deed name match.. what about virtual or po box who sighns off on the po box
@ElizabethPW
Жыл бұрын
The PO Box won't work because it is obviously not a location. Virtual mailboxes only work if the city doesn't check on the location (since it is probably a UPS store or similar). Sometimes a co-working space can work, since you'd have a lease agreement with an office space landlord.
What if I work remotely, but not from my home. I work from anywhere I feel that day… a cafe, etc? Would I still need to register my home?
@ElizabethPW
Жыл бұрын
Right -- think of it as where is your headquarters for your business. It does depend on where you are are what kind of work you are doing -- in some places, they don't require a registration or license or permits
@borderlinetrailandvine
Жыл бұрын
@@ElizabethPW sorry I left out that detail! Would someone doing contract copywriting typically need to do this? Totally understand it depends where I am and I’ll triple check with my city! Thanks so much for your guidance! I’ve learned so much from your videos.
@ElizabethPW
Жыл бұрын
Technically as a contractor you have a business. In some cities you need a business license (because they just want the $$) and some do not care (because no impact on neighbors). So yes check with the city.
@borderlinetrailandvine
Жыл бұрын
@@ElizabethPW thank you so much!!
@yuyan8933
Жыл бұрын
What about work at home as an online tutor?
Thank you for sharing valuable information. My business is about 1 month old, working with herbs (no cannabis) and other environmentally friendly ingredients for home and body wellness (nothing I sell for ingestion). I submitted an application for business license and purchased an LLC (got the website and name too) on my way to obtain a DBA next. I found that there is so much more to learn- I’m in Antioch Ca. and beginning to feel like I should get a lawyer… I haven’t made any $ yet but want to be careful. Can you suggest additional literature to read or in touch with legal aid to help me learn how to move forward? Again, thank you for sharing your knowledge and your time reading my long comment
@ElizabethPW
2 жыл бұрын
Nolo books are good - here’s one to check out www.amazon.com/Small-Business-Start-Up-Kit-California/dp/1413327257/
Why is a home occupation permit even needed if you are not formally doing business in your home. For example, a landscaper who just has their tools advertises online only and no one comes to their home or apartment. Like a contractor.
@ElizabethPW
3 жыл бұрын
Yes, in some places a business like that doesn't need a home occupation permit, for those very reasons. I suspect the other places just want a bright-line rule that everyone needs one, or they like the extra revenue.
@Sustaita.handmade
3 жыл бұрын
@@ElizabethPW well it's still good to know! I never heard of it before !
Thank you for this video! But my landlord won’t sign…. I don’t even really need to work from home. I sell my digital art online and that’s not necessarily from home. Plus my business address is a virtual one that’s outside the city I live. 🥲 I just need my business license. What can I do?
@ElizabethPW
Жыл бұрын
Ah yes it is common for a landlord to not sign or want that. For a completely online business (with no physical aspects like inventory) I'd seen people either rent out co-working space or just go without having a business license and hope it goes okay
@YaVonnaDaniels
4 ай бұрын
@@ElizabethPW Thank you. It all worked out. The city where the virtual business is established doesn't need a home permit. So, I was able to get a business license from that city.