The Landlord Said Yes, but Can You Legally Run a Dog Training Facility There?

Renting space to run your dog training facility is exciting. When you can afford a training facility you feel that you made it as a dog trainer.   Business owners must understand that commercial property leases are more complex than residential leases.  When you sign a business lease without doing the necessary research, you can end up in debt and potentially face significant unexpected costs, including fines or penalties for operating without required approvals.

Landlord Approval is not Enough

Just because the landlord gives you permission to rent space, doesn’t automatically mean the local municipality allows you to operate your particular business there.  You need to investigate rules regarding:

• Zoning requirements
• Variances
• Business licenses and registrations
• Sign permits
• Fire requirements
• Environmental requirements
• Sales tax registration
• Local operating permits
• Noise and nuisance regulations
• Waste and sanitation requirements

If the lease restricts noise, equipment, smells, or modifications to the property, you will need to consider the following issues:

• Where you will relieve dogs.
• Where waste will be stored in between garbage pickups.
• Whether barking or other noises will create a problem with the neighbors or other tenants.
• If odors will become an issue.

These aren’t exciting points to think about when you’re dreaming about opening your training facility, but they can become very expensive questions after you’ve signed the lease.  One of the most important lessons we teach future dog training business owners is that excitement should never make business decisions for you.

Years ago we considered renting a particular space for ISCDT students to visit and for our dog-training business. The landlord was happy to rent us the space.  The wording  on the lease was a red flag to us. Office space for a dog training company.  That wasn’t what we discussed with the landlord. “Office space” is very different than “training facility.”

Then came the town code. Turns out dog-training facilities were not permitted under the zoning regulations for that location. In order to run a dog-training facility in that area, the town required us to file for a variance.  Obtaining a variance was a 12-month process. The important point was that we were looking at a space that did not provide the commercial use approval we needed. Filing a request for a variance would not change those zoning rules.

Imagine if we had signed that lease without doing the research?  We would have been paying rent for three years without ever being able to run our business from that location. You may be thinking, if you sign the lease and cannot get zoning approval “couldn’t you just sublet the space?”   Your lease agreement may not permit subletting without landlord consent.  So this is another provision you need to understand before signing.

If you do plan to sign a lease and the space requires zoning or other permits, we suggest you speak to an attorney about adding a lease condition to prevent you from being locked into a space you cannot legally use.

That condition would be on your ability to obtain the zoning/land-use approvals necessary for the intended business use. This is specifically recommended as a strategy in commercial leasing guidance.  Our Number One tip is to hire an attorney before signing any lease agreements.

Our takeaway is that you research the property and the local requirements.  Hire your own attorney to review the lease with you and to make necessary revisions to the agreement.  Renting space for your dog-training facility can affect your business for years to come.  It is imperative that you do your homework before committing.