# LLC in Ga inside a rental home



## The Vision (Jan 1, 2011)

I plan on forming my t-shirt business under an LLC in georgia. I will be using a heat press so no chems will be used. When I moved here my landlord said that I cant run a business from home so how could I do this without having the capital to rent office space to run the business out of?

Second.
Forming the LLC. Would it be better to use legal zoom to form my LLC or just do it myself?

Thanks,


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## splathead (Dec 4, 2005)

If your lease forbids you from running a home-based business, and you don't have capital to open a shop, the only option I see is to either move or postpone your plans.

Regarding your Legal Zoom question; how much do they charge? How much time would it take you to do it yourself? What is your time worth?


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## The Vision (Jan 1, 2011)

Hmmmmm. I could setup shop at the local flea market for staters. Legal Zoom charges $99 for economy plus my state fee which is $100 & $359 for express gold plus my state fee of $100. I think the gold package is just loaded with stuff i dont need like letterhead, business cards ect.


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## Mtnview (Nov 5, 2009)

I used a local law firm and I think I was charged around $250 but that was 9 yrs ago. If your lease specifies no home based business then unless you want to get kicked out and possibly lose any deposits you will have to come up with a different location. Like Splat said, you will have to move someplace that will allow it. I don't know that you will be able to make a living at flea markets.


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## binki (Jul 16, 2006)

You can use legal zoom. We have used them twice and are satisfied with the results. 

As far as opening up, that is a choice you have to make on where you set up.


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## charles95405 (Feb 1, 2007)

as a start up you do not need an LLC...I have been in business for over 10 years as a sole proprietor and use my SSAN as my tax ID. I carry sufficient insurance to protect assets and also have an umbrella police for business coverage... BUT more importantly if the lease says no business...you have only two options...move or postpone as stated AND even more importantly have you checked with your local goverment..is your location zoned for business...if not then regardless of what your landlord says, you cannot do business there...and you will need to get a business license most likely so you may be premature for your plans...and if you are going to sell at flea markets where are you going to do the work? at home? are you doing screen printing? if so do you realize how much the odor will carry...probably would not make you popular with your neighbors...what disposal of material...all in all you may be a bit premature in your plans


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## The Vision (Jan 1, 2011)

Im going to begin with a heat press. And have found some office space for $215 per month.
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## jean518 (Sep 23, 2009)

You keep saying you are going to begin with a heat press and will not be using chemicals. Am I correct in assuming you are going to buy transfers already done from someone such as Pro World or have someone make transfers of your designs for you? Do not forget that you also have shirts to buy. Do you have your tax id so that you can buy wholesale? 

I am with the others, if your lease says no home based businesses then that says it. May not be the decision of the landlord but a local ordinance/zoning law.


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## valleyboy_1 (Jan 23, 2010)

Hey Jaye, I know this is 2 years later.. LOL, but I believe the advice mentioned above was not complete. Not to say it wasn't correct, but it didn't offer any help either. You could always set up a virtual office is start your business off with. A virtual office will allow you to use the office space whenever you need it, and not tied you down to a long term lease agreement. The only catch is, since you doing heat transfers, you have to travel with your heat press back in forth from your office to home. However, with the technology that's available, that can be easily done! Hope this helps


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## GordonM (May 21, 2012)

The virtual office is a good idea, but being virtual, you really don't conduct much business from it unless you're seeing clients. Most of the virtual offices I've looked into charge a monthly fee for using it as a mail drop and providing a live phone answering service. If you want to use actual office space, you have to pay by the hour, and it's expensive.

Time-share offices might be beneficial You get a certain number of preset hours to use the office -- say 20 hours total for $100 a month. Might work if your volume is low. The concept never worked out for the type of on-demand business I do. I never know if I'll need the office that week.

I know this is an older thread, but it's useful to sometimes review the alternatives. One I've used with some success is sharing a space with another business. A while back I was able to rent a corner of a 900 square foot industrial warehouse space for $200 a month. I brought my laptop in, and left the cutting machine I used there.


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## valleyboy_1 (Jan 23, 2010)

GordonM said:


> The virtual office is a good idea, but being virtual, you really don't conduct much business from it unless you're seeing clients. Most of the virtual offices I've looked into charge a monthly fee for using it as a mail drop and providing a live phone answering service. If you want to use actual office space, you have to pay by the hour, and it's expensive.
> 
> Time-share offices might be beneficial You get a certain number of preset hours to use the office -- say 20 hours total for $100 a month. Might work if your volume is low. The concept never worked out for the type of on-demand business I do. I never know if I'll need the office that week.
> 
> I know this is an older thread, but it's useful to sometimes review the alternatives. One I've used with some success is sharing a space with another business. A while back I was able to rent a corner of a 900 square foot industrial warehouse space for $200 a month. I brought my laptop in, and left the cutting machine I used there.


Gordon, you bring up good points, however the virtual offices in my area you only pay for the office and it services when you need. I think this is perfect for those who elect to work from home, or those who work full time and wish to conduct a niche small business without the overhead of office space.


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## Hegemone (Oct 18, 2011)

Even heat pressing the shirts or receiving deliveries to your home address will likely be in violation of your lease even if you manage to get an address for your biz that's not your home. Operating the business is the concern not the mailing address. Your landlord is concerned about deliveries taking up parking, your shipping waste taking up dumpster space, operation noise disturbing neighbors all of which put the landlords income at risk. Frankly I would take that 225 you would spend on a rental space and consider a new home location like a house that could accommodate a home based business better. 

Just my two cents. Toss them in a well and make a wish.


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## valleyboy_1 (Jan 23, 2010)

There are plenty of people operating a business out of their home, heck I know screen printers working in 1 bedroom apartments. Now yes I agree you have to make sure you are not disturbing neighbors, as well as being realistic about the equipment you put in your home, but even the most successful people will tell you that you have to be willing to take risks if you want to get ahead, playing it safe all the time can cause you to miss out on some opportunities.


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## splathead (Dec 4, 2005)

valleyboy_1 said:


> There are plenty of people operating a business out of their home, heck I know screen printers working in 1 bedroom apartments. Now yes I agree you have to make sure you are not disturbing neighbors, as well as being realistic about the equipment you put in your home, but even the most successful people will tell you that you have to be willing to take risks if you want to get ahead, playing it safe all the time can cause you to miss out on some opportunities.


You trying to get him evicted?


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## mr rudy (Jan 22, 2010)

hi vision, you gotta do what you gotta do to win, so youll have to bend rules or break em with out getting caught, start up is scrappy and you have to hustle sometimes till you make it. then you can be the shinning example of all that is legit and pure! lol. the ends justifies the means


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## selanac (Jan 8, 2007)

Well, have we overlooked the fact that Vision said they found a place for $215 a month? 

If they didn't find a place, then how about a storage facility. If they're only using a heat press, they can print at home, and drive out to the storage unit with their t-shirts and transfers. 

They could also make a good living at Flea Markets and Swap meets. You bring all your stuff, print and press onsite. 

They could also rent a back room somewhere. 

Needless to say, they said they found a place for $215.


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## Hegemone (Oct 18, 2011)

That's interesting. I read "found a space" as still considering it. As to the people who say bend the rules to get ahead, I a person who believes that succeeding while working within the rules is much more rewarding and much less stressful. If I don't like something that is unjust I look for ways to change it rather then circumvent or operate in opposition. I see an eviction and loss of deposit as money that should have gone into the biz. Not saying I am right and your wrong but it's how I prefer to think of things.


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## valleyboy_1 (Jan 23, 2010)

Mikel everyone's different, and I'm not suggesting get yourself evicted, but come on man, a heat press is not loud to the point where it's disturbing. If you have children living in an apartment, that would be more disturbing than a heat press. Buying an inkjet printer and or laser printer, sublimation, or even a Roland bn 20 print cut would not causendisturbance in a home to the point where neighbors would complain. You can sell that one to someone else because I'm not buying it. If that's the cause why have a regular inkjet printer in your home when the neighbors can complain? I think you are exaggerating ALOT with this heat press disturbing neighbors comment.


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## splathead (Dec 4, 2005)

Meantime guys, since this post is over 2 years old the OP is now probably in a 10,000 sq ft commercial facility running 2 shifts of 6 automatics. And we're still arguing if he can sneak a heatpress into his apartment.


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## valleyboy_1 (Jan 23, 2010)

[email protected] I think the information on here will help people in his situation in the future should they come across this thread


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## Hegemone (Oct 18, 2011)

I totally get what your saying and it makes sense, but what about the increase of traffic due to deliveries of blanks. A heat press is a pretty big drain on a residential electrical system. If its OLD wiring, and I don't even want to think what could happen if left on overnight. A landlord is just like you and I in terms of trying to operate a biz and protect themselves. I know I am not thrilled about customers that try to take advantage of me by bending the ruls.

I am sure if the OP was really just hitting a press and could limit the amount of traffic and was able to communicate with the Landlord an arrangement could agreed upon. Especially if offers of good faith like some free t's or logo polos were tossed in. Now if the Landlord is wholly against it even still then you are at even greater risk because they are being hard headed about it and people like that often like to keep deposits, kick you out, and get a new tenant which is basically giving them free money.

On a side note in many of the complex regions of my town they wont even issue you a biz license because they are not even zoned to allow home based businesses. 

I get what you're saying but I guess I am seeing more then just a heat press when someone says they're starting a biz.




valleyboy_1 said:


> [email protected] I think the information on here will help people in his situation in the future should they come across this thread


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## selanac (Jan 8, 2007)

The heat press could also cause a fire. Let's not forget the zoning laws. 

So a person starts with a heat press, then adds screen printing. 

It doesn't matter why the land lord has the option.


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## valleyboy_1 (Jan 23, 2010)

Heat press can start a fire anywhere. And yes you are correct about zoning. Again with a virtual office, conduct your business there and do your pressing at home. Or on the road, which is what I do. Heat press caddie has allow me to work a full time 9-5, conducting a business on the road offering multiple services when I'm not at work, and a virtual office gives me a place to conduct business without using my home address. I share this information because it'll help people looking for ideas in the future.


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## sben763 (May 17, 2009)

every state and local is different. Some leases state that you can't run a business and can state that all you want. Its best to check with your city,county, or state. Here EVEN if the lease states no business, as long as you don't have customers coming to you house your ok, you can press all the shirts you want and sell on line, deliver, or flea markets ect and there is not anything your landlord can do. If he takes you to court he will loose unless you broke one of the zoning laws by having customers pick items up or other violations. They can not renew your lease but then could file a fair housing complaint(if the landlord own 5 or more units or properties)<-----fair housing applies in every state. Renters do have rights and those clauses are put in there to prevent traffic. Most landlords will let you do a home based business even though the clause is in the lease as long as your not tearing up the place or disturbing the neighbors.


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## Hegemone (Oct 18, 2011)

I thought the fair housing act was established as protection from the following:
"(a)To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin."

I am not doubting you but I would need to do a bit more reading before I would be willing to risk a month or twos rent in deposit. Man I really need to befriend a lawyer to set me straight.


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## sben763 (May 17, 2009)

Fair housing has a lot more to it. I have attended many fair housing seminars. There is some crazy stuff that has been discussed. 

Like I said though everywhere is different whether a landlord can restrict a home based business. If they can't restrict it then the fair housing would come into play but if they can then you don't have a leg to stand on. If your in a apt building most zoning rules could prevent use of a industrial equipment. ie heat press. In a single family dwelling could be ok but then there's the fire marshall. 

I encourage anyone seeking to do this to check with you local ,city, county, or states rules. If its ok with them but the landlord has the right to restrict use, then ask and explain what your doing and try to get permission. 

If you can't do it the right way, then its not worth doing.


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## splathead (Dec 4, 2005)

Fair housing may cover a lot of things but it does not apply to a landlord refusing to rent residential space for a commercial enterprise. 

That type of clause in a lease is there to protect the landlord from a number of things; not the least of which are lawsuits from unauthorized business activity (think auto repair shop in garage that pollutes the property). Landlord also has to be concerned with his insurance carrier denying him coverage if the property is damaged because a business was being operated in his rental.

It helps if the tenant can obtain a business license as a home-based heat press decoration operation. But if for zoning he can't even get that, he really has nothing to stand on.


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## sben763 (May 17, 2009)

As I stated Joe every location has zoning and rules that differ. In the 2 cities I work in to run a home based business there is no permits or license needed if you are TOATALY home based as in you dont meet clients at your house. If you resell within the state a Retail Tax Permit is needed. Also here the 3 governing bodies ruled that a landlord cant regulate home based busines as long as all the rules are followed regaurding home based business and property aterations are not needed for a home based business. 

You do bring up a good point about insurance but any responsible person would have renters insurance and business insurance. As a landlord it is required in my lease to have insurance. I am about 5 years behind on getting it updated as thats when the rules went into affect. 

After a person is in compliance and a landlord steps in it would be very easy to file a fair housing complaint but I will say most of the people here who already have filed complaints have been women or a race other then white.

Here is a situation I wouldnt think wouldn't even be considered a fair housing situation. A tenat complained of cooking smells. The landlord did nothing saying wasnt anything they could do about it. Tenat moved filed complaint and WON. The letter that was sent to the landlord stated that this had to be treated same as a noise complaint. This was a few years back and was used in a training seminar. I'll see if I can find the letter of course the names have been all blacked out. This why if I ever get more then 5 rentals I will form a LLC for the rental company to protect personal assets. The rental company I still do work for has had to defend 2 fair housing complaint in the last 2-3 years. The owner stated it is expensive to defend a complaint and there is no way to recoupe your money used in defending a complaint even if you win.


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