General rules like no parking on the grass or no garage sales are not going to be in the lease & they do not have to explain it to you. If the office said no they do not have to explain to you why! NO is no. It is pretty standard for apartments not to allow garage sales.
The lady in the office ignored you question because she does not have to give you a reason on rules. She asked for your name & apartment number so you can be given a notice in case you do it anyway.
Yes this would be a violation so they would have every legal right to evict you.
They can sue you, tow cars that arrive, etc.
Your lease states what you CAN do, anything not there defaults to a cannot. Your lease does not have to state the thousands of things you can not do on their property. You did not rent it for unlimited use, you rented it to live there. Everything else is outside the lease.
Normally you can't do any commercial business at all.
They can evict you with cause...
If you really want to get into a debate about the issue, this will be a profit motivated enterprise. As such, I'm sure the clause about not running a business out of your apartment would apply...
Their concern is the increased foot traffic and likelihood of an injury and lawsuit. That's all they really care about on this one. Offer to name them as an additional insured on your commercial general liability policy and they would be OK with it. I realize you don't have a CGL policy, just trying to make my point here.
Your logic is backwards...the fact that the lease does not prohibit it does not make it legal...rather, when the lease is silent, the owners can establish pretty much any rule they want as long as the rule does not violate your rights. There is no law stating that you have the right to hold a garage sale, so the apartment owner is well within their rights to prohibit the sale. Sine they have not given you permission and have now specifically told you you cannot hold a garage sale, holding the sale will be in violation of the terms of your agreement and they can evict you.
It does not say anything in my lease if I can or can't. I called the apt to verify and they said no. When I asked them where does it say that in the lase the lady ignored my question and started asking for my name, building # ....etc
I want to have a Garage sale at my apt so I don't have to move everything to some where else but if it doesn't state anything in the lease all they can do is call the police right? Can they kick me out of my apt?
