rental-property landlord online
Can a landlord fine me for a non-existent business being listed at my address on Google Maps
<p>Backstory: When I moved into my rented house, I setup a personal bar and had a house warming party where we named the bar. As part of the celebration, it was listed on Google Maps as a business. To clarify, it was not and is not an actual business, it was set up as a joke amongst friends.</p>
<p>Issue: I was recently contacted by my landlord claiming that I was running a business out of the house and that it violated the HOA agreement, citing the aforementioned google listing. They have threatened to fine me for running a business out of my house, which I am not, and also have asked to prove that I'm not, which seems impossible as it would be trying to prove a negative. I showed them that there is no official listing on any official website of me running a business out of this house or with me listed as the owner of any business. They then followed up and said that the listing had to be removed from Google or else the violation would stand.</p>
<p>Question: Do they actually have any say or grounds for the claims that they are making?</p>

<h2>The legal position</h2>
<p>You are quite clearly not running a business and if the matter went to court you could easily prove this be e.g. getting testimony from the people at the party, your testimony etc.</p>
<p>In any event, your landlord can’t “fine” you. Fines are a punishment and only government can punish people. They can sue you for breach of contract for damages (which are restitution not punishment) or to seek specific performance.</p>
<h2>The practical position</h2>
<p>Take the listing down.</p>
<p>Rightly or wrongly, it's souring your relationship with your landlord and their relationship with their HOA. Is having this mildly amusing joke worth damaging these relationships, particularly if you might want to renew your lease? The landlord might feel that they are better off with a tenant who doesn't cause them grief with their HOA.</p>
<p>Even if your landlord understands, the HOA might not. If they sue your landlord, they will have very little choice but to join you. Yes, you will almost certainly win your day in court but you will not get reimbursed for the time and effort you had to go to. this includes taking the day off work, subpoenaing all your friends to give testimony etc. Who has time for that crap?</p>
<p>Further, whenever you go in front of judge or arbitrator who has the power to force a resolution of your dispute, you are rolling the dice. Sure, you may think you have great evidence and the other sides' is completely bogus but if they present theirs with skill and confidence and you screw yours up then they can walk away with a win. Real court cases depend on who the judge <em>believes</em>. If they believe your landlord's reasonable story about running an illegal bar and they don't believe your crazy tale of it all being a joke - you lose.</p>
<p>Remember: free speech can't be restricted but it does have consequences. Further, anyone who bases relationships on legal rights and responsibilities is going to have very shallow relationships.</p>

<blockquote>
<p>Can a landlord dictate what I put online?</p>
</blockquote>
<p>No, unless the lease you signed has a provision to that effect.</p>
<p>As for the underlying matter, the landlord has the burden of proof. A fictitious Google listing clearly falls short of proving that you are running a business at that address. Furthermore, any friend willing to perpetuate the joke(!) could reinstate the listing as soon as you remove it, thereby forcing the landlord back to the same laughable allegation that some listing online implies running an actual business there.</p>
