Is it legal to do car repairs for profit in an apartment complex?
I was just curious. We have someone who does car repairs all day on various cars as well as spray painting. Is this running a business?
You know the answer so take action. Might start with the EPA due to the painting.
Aug '14
Of course it is, if he's taking money. Fixing a friends car is one thing, but spraying painting and fixing cars for people other then friends and family, is not legal. How come the apt management isnt aware?
It's in Rivers Edge (Riverside) He is really good friends with the "super" and as long as you are friends with him, you can do whatever you want there!
most lease contracts state you can not run a business out of your apartment/on the property. Which i assume Old Gent meant by it being in his contract. doesn't specify car repairs just means running a business in general which sounds like he is doing.
It says no car repairs and no washing of cars allowed. No one dose it here. Most have them towed out if they don't start
Well, now those looking for cheap auto repairs and/or body work know where to go. LOL
How about 2002 Escape. Needs a rear wheel seal. I am sure your super wouldn't mind a little oil in the parking lot.
How's about a '99 GMC Sonoma that's feeling a bit lethargic with an exhaust gasket that just won't do it and and a fender falling apart??
I could use a miracle or two...
I just stopped by there asking about a cheap oil change. He was busy but told me to come back at 6PM and he'll hook me up. Glad I found this thread!!
Aug '14
Nancy U, Perhaps you can mention these job's to your resident mechanic and get a finders fee.'
You're setting yourself up for a huge amount of uninsured liability. You'd be crazy to do it.
I would rather see this. Someone working to put food on his plate and paying rent...actually doing work than someone just using the system (welfare, food stamps) and sitting on there ass all day.
Bet the government would like to get a piece of that. Licenses fees, taxes etc and the EPA as someone had mentioned.
I guess to can't even sell apples on the corner anymore. It just brings on the lawyers and there law abiding clients looking for something for not watching where their walking with there head stuck in an I Phone. I guess you are stuck with the food stamps.
Can I throw a potentially more legitimate business idea at you? Basic car service that comes to your home, work out of a truck. Think about it like mobile pet groomers. Brakes, oil changes, and so on.
yes, stop this man from working.!!!!!!!!!!!! he should get some pride and get on the government hand out program or at least rob and steal. What is he thinking working for a living?
listen, let the guy fix a few cars, what's the problem?
i used to fix cars in the street where i lived, neighbors would ask me to help them, and i did. was always working on cars in the street, replaced mufflers, carbs, tune ups, shocks, you name it. who cares if some folks throw a few bucks his way,
honestly, what's the harm?
it's clean honest work, it should be encouraged rather then discouraged.
what the heck has happened to us? i don't like this trend, at all.
Possibly the noise or the airborne paint could be a issue for some. Or maybe it makes the complex look like Newark.
Aug '14
The comments regarding letting the guy be are ridiculous! People are licensed for a reason. Business carry insurance for a reason. If they screw up, it protects the consumer and others impacted.
Painting requires certain ventilation systems to avoid breathing issues. Are the fluids being properly disposed of? Are there flammable materials/tools (eg torches) being used? What happens to the tenants if a fire occurs?
I'm all for someone making an honest buck but this is potentially dangerous (obviously we need more details to confirm.) Just remember your statements when the next illegal taxi thread pops up.
And just to clarify, it's the apartment aspect that raises a concern for me. If this were his own house, I wouldn't care as the dangers to those around are greatly reduced.
I am out of here. This tread went from kidding around to the Law and all the government nuances. Sit home buddy and get all you can get and work the under ground jobs.
When I lived in Greenview, they wouldn't even allow us to change our own oil in the parking lot, let alone operate a commercial "garage" out of there, lol.
Painting outside in a parking lot. Is that not sufficient ventilation? Just curious. My neighbor is a retired mechanic. He always works on cars. Oh wait, come to think of it so does my husband. Friends helping friends.
Maybe the guy in the next apartment can hang out next to him with a TV, a cooler full of beer and a gas grill. That way you can watch a ball game and have a burger and a few brewskies while you wait for the other guy to finish your valve job. He would make some money and it would be a lot cheaper than you having to spend two or three hours at the bar. What's the harm? People who would dare complain about it are obviously lazy and out of touch with the entrepreneurial spirit.
I'm all for the entrepreneurial spirit. If you want to do work on cars, all the power to you, but you absolutely can not run a mechanics business in an apartment complex's parking lot. Your super will definitely not let it slide. He'll get fired if the owners find out he knew what you were doing and you will get evicted. This is a massive liability for the property owners.
I don't like that this turned into a conversation about welfare and government hand outs. Mechanics businesses need to carry liability insurance and be licensed for a reason. Your working on expensive personal property that could be potentially dangerous if you make a mistake.
You need to be licensed, as in, take a state required exam to prove you know what you're doing.
You need insurance to protect yourself and your customers.
Just my two cents, but what do I know? Seriously get an adequate commercial vehicle you can work out of. If you're licensed and insured, and travel to do basic services I would hire you if I didn't do all that myself.
The primary issue is location - pretty sure doing any kind of automotive work violates the terms of the lease. If you are concerned I would alert the property manager.
The term "business" probably isn't accurate in the traditional sense, but I'm just guessing. Word-of-mouth automotive work on the side is absolutely fine as long as both parties mutually agree and understand there is no legal recourse should a disagreement arise *and* both are willing to accept the consequences should things go wrong. Most people like the protections offered by government sanctioned licensing, so I can understand the hesitation, especially if the details of the job aren't fully understood by the one seeking the work. But voluntary mutual agreements and a willingness to accept the consequences of those agreements are a must, a rarity in today's sue-happy license-everything world.
No license?
http://www.license123.com/Permits/New-Jersey/Hackettstown/Auto-Mechanic
I assume that this is a parking lot where all of the tenants are free to park there. Are there other tenants' cars next to the car being repaired? I would assume so. What precautions is the guy taking to ensure that the other cars are not susceptible to harm due to an accident of some sort?
This is more than just the "customer" accepting the risk. Other people who are not involved are potentially put at risk. Regarding the painting, ventilation may not be an issue if it's all done outside but then what is being done to protect other cars from overspray?
Like I stated above, doing this stuff on your own private property away from non-involved parties, while still illegal, is not of a concern. Performing this work in an apartment complex creates a new set of concerns.
What is the law stating all mechanics have to have a license And what constitutes being a mechanic?
So I say again... There is no license in NJ for an AUTO MECHANIC. So quick to Google search but no time to read what your searching.
Aug '14
Why stop at brake jobs and oil changes? How about haircuts, parking space 5? Heck, set up some folding tables and start hawking your wares. Have a flea market. I'm sure when the residents come home from work and can't find a parking spot they will be thrilled. SMH.
lots of people have 'garage sales' and/or 'yard sales' on a regular basis.
we have done hair cuts on our own and for friends and family for decades. i have had my hair cut by friends in the past.
no lic's for any of it.
i repaired cars in the street and my landlords driveway for years, there was never an issue. in fact people would stop by and ask questions and start up conversations. made some friends that way, and our whole neighborhood started to come together and get to know one another,
i also played catch with the little kids next door, no one seemed to think there was arisk with that. what's changed? i taught them how to play baseball, and his mom encouraged it. i was a single male in my twenties at the time; did i need to register myself with some governing authority as a 'sports trainer', pay a fee, get a lic, get fingerprinted? (omg . . . . . .)
and yes, Ian, there was beer flowing, (no grilling though); i supplied some beers, always for free, never any issues, right there on the public street (highland park, nj); some folks would stop by with a six pack or two. it was all good,
no licenses needed for any of it.
i honestly do not understand this modern day trend of everything being sanctioned by a governing authority,
this is not a good trend in my opinion.
Thank you for all your advice/comments. One mentioned why it bothered me. Well, the paint smell was coming in my window, he tends to listen to Spanish music at a very high decibel level and takes up more than 4 parking spaces (one for his grill) and the parking is very limited right now. Another comment was that the super is either a relative or friend of this person and he can do whatever he wants because he also repairs his cars, which is true. Most leases have a "quiet enjoyment" clause. This means we don't have to be subjected to this kind of noise and inconvenience.
According to:
http://www.state.nj.us/njbusiness/pdfs/liccert.pdf
an auto mechanic isn't required to be licensed, however if you run a body shop, you do have to have a license. To paint as part of auto body repairs, you need a permit from the NJ DEP to ensure that the noxious vapors/gases, etc. are being properly taken care of.
So, the guy who cuts your hair needs to be licensed and show some sort of proficiency... but a guy can legally work on your $50,000 car without any actual training at all. Makes sense...
Personally, I'm having a hard time differentiating between what this guy is doing and the day laborers on Main Street. The only difference is people bring work for him to do instead of taking him somewhere else to do work. He's not charging sales tax, not paying income tax and not paying in to SSI like the rest of us... yet he's some kind of hero to some?
Ian, from your response I guess that means the only reason we license folks is so that they "pay their fair share"?
I don't have a problem with a little side work being done, as long as the person isn't passing themselves off as a legitimate business. Surely you've done work for friends in the past - have you paid additional taxes on *your* labors? ;-)
Maybe he is doing some kind of barter system... Working on cars for something he needs in return.. If I knew how to work on cars I would be doing the same thing for some extra cash....
GC-explain that please. Barter is where no money is exchanged, so I dont understand what you mean, tax is still due. Thanks.
Actually, licensing is done in an attempt to ensure "competence"; it has nothing to do with taxation. Would you want someone performing open heart surgery on your wife while following a medical textbook? I'm sure he would work a lot cheaper than the people at HMRC...
ianimal, just to be sure, you want to know if I would trust that person on my wife or on me?
TM
I suppose that depends on your relationship with your wife, TM... I can imagine that there are definitely exceptions to the rule (-;
botheredbyuu2 - It's simple. Money does not have to change hands to be charged sales tax or income tax. If you barter $100 worth of your services, you still have to report $100 of income to the IRS. Pay someone with $100 worth of motor oil in exchange for some car repairs, and NJ still is due $7 worth of sales tax.
BBY, you are still responsible for paying tax on the value of any services you receive in exchange for your own services:
http://www.irs.gov/taxtopics/tc420.html
So if I barter my 5 cent pencil sharping skills for someone with the skill to change a light bulb I have to file with the IRS?... Oh boy.... I'm in trouble
well, I can think of worse business to have being run out of apartment buildings. Im not sure but down draft booth only required if painting entire car, you can paint a panel with out booth. But we are a land of laws, not people. so i guess we can make enemy's anyway we like. If you see someone with a flat along road can you help them or will this violate some law. Pull people stuck in snow out if you have a strap and truck? I sure hope not that would be towing a suspicious vehicle with out police notification. thats not legal. lets make all the lawyers rich, thats what they want anyhow.
There is a required license and insurance to operate a business. Just because you don't need a license to perform auto repairs specifically doesn't mean you don't need a license to run a for profit business.
I'm sure all of us have done some side work at one point - whether it was cutting the lawn as a kid or something more advanced. The point is, in those instances, the work was done:
1) on property by where the owners allowed it (is that the case here?)
2) in the confines of an agreement where the risks were only on the concerned parties (is that the case here?)
Nancy,
Would it bother you as much if the music was English instead of Spanish? What difference does it make what language it's in...unless of course you have other issues??
I agree with Brotherdog!!! Times are hard now. Maybe he lost his job and he is doing this to support his family. At least he is collecting from the Goverment. Just leave him be!!!
Leave him be? Why should Nancy have to deal with paint fumes coming in her apartment window? If it's a continual issue, (which it sounds like) it is a potential health hazard.
Aug '14
Besides the license and insurance issues, it's also a zoning issue. I have no problem with someone trying to do good work on their own. But you do still need to comply with the proper regulations.
Bella76, Times are hard? So we don't have to follow laws and regulations anymore?
And if you believe that maybe he lost his job and is doing this to support his family, wouldn't you also then believe he is collecting unemployment as well? Cause i would bet if he is willing to run an illegal auto repair business from the parking lot, he is also willing to collect unemployment while doing so.
Simple solution. All the people that say leave him be can let this gentlemen use their parking spot or driveway and garage. Problem solved. Everyone happy.
well, in my situation i never painted anything, so no fumes, no welding, just mechanical tools, car jacks, muffler pipes, schocks, springs, carburetor parts, stuff like that,
oil changes were done by collecting the old oil in proper containers, no spillage, old car batteries were recycled.
in my case it was mechanical work, with no advertising, was *NOT* running a business at all; just a few neighbors up and down the street and occasionally friends and sometimes other family members, would bring their cars over and we would work on them together, this was on the street in a parking spot, in an very urban/suburban setting, old town, houses very close together, narrow streets,
cops would drive by, see us working, hoods up parts/tools in our hands, other parts/tools/jacks on the grass nearby, , never said a word to us, so we thought we were in the clear, i guess some of you don't agree with that? the neighbors seemed to accept/appreciate it.
i don't like paint fumes, having a breathing condition i stay away from that stuff as much as i can,
BD, I don't think anyone is talking about the occasional maintenance or repair or a neighbor helping a neighbor. A little different than someone doing repairs all week in a community lot that explicitly prohibits such activities.
Your so worrie about some one making a buck what are you looking for a cut of the profit yet 100s crosse over in to the usa daily and no one cares the warren county free holders don't listen to the people over warren haven any one follow the rules no just look at the word speed ( LIMIT )
Impressive talk from someone who refuses to clean the roof of his truck in the winter (and thereby creating a risk for those behind him on the road.) I guess things are only wrong when it impacts you negatively CA.
At least the man is working unlike many of you who are at work yet reading and posting on HL and getting paid by your employers.
NancyU, I would contact the building owner. Perhaps it's time for new super? It would probably cost you much less to rent an apartment above a garage...which is obviously not what you thought you were doing.
Aug '14
Whatever I or others choose to do to take a little break from time to time at work is none of your business, ignatz, TYVM.
Coherent as ever CA. From a Hackettstown parking lot, to the Southern US border, to Belvidere, and finishing up at Warren Haven. Breaking the speed (LIMIT) all the while, apparently. Huh???
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