Before starting, almost everyone asks: can my landlord or HOA stop me? Do I need a permit to sell to my neighbors? The answer depends on where the store operates and on the rules of your city and state.
This guide explains, in plain language, the difference between using a common area and selling from inside your own unit, the permits that usually apply and the good-neighbor practices that keep things smooth with your building.
A store in a common area: approval needed
Lobbies, hallways, mailrooms and amenity spaces are shared by every resident and controlled by the owner, management or HOA. Installing fridges, shelves or a kiosk there changes how that space is used, so it usually requires a contract with management or a board decision, plus an agreement with the operator.
Selling from inside your apartment: what changes
When a resident keeps a few products inside their own unit and neighbors order through an app, nothing goes into common areas and nobody comes in to shop. The apartment stays a home: no sign, no storefront, no counter, no walk-in customers.
Working from home, tutoring and selling through apps are already part of residential life. Digital orders with neighbor-to-neighbor delivery are even more discreet. Still, read the home business clause of your lease and the CC&Rs or bylaws of your HOA before you start — some restrict commercial activity, deliveries or storage.
| Store in a common area | Store in your apartment (HomeMarket) | |
|---|---|---|
| Uses shared space | Yes | No |
| Equipment installed | Fridges, shelving, kiosk | Nothing in common areas |
| Customer traffic | Residents walk to the spot | Nobody comes into the apartment |
| Contract with the building | Usually yes | No |
| Who is responsible | The operator and the property, per contract | The resident who sells |
Permits and taxes: what usually applies
- Business license or home occupation permit: many cities and counties require one for any business run from a home. It is usually quick and inexpensive.
- Sales tax permit: most states require one to sell taxable goods, and you collect and file sales tax on those items. Rules on which groceries are taxable vary by state.
- Resale certificate: with a sales tax permit you can usually buy inventory for resale without paying sales tax on it.
- Packaged food only: sell store-bought products in their original packaging and keep cold items cold. Homemade food is covered by separate cottage food laws.
- Alcohol and tobacco: require their own licenses — leave them out unless you have them.
- Income tax: report your profit at tax time. A tax professional or your local Small Business Development Center (SBDC) can help.
- Insurance: renters or homeowners insurance may not cover business activity; ask your insurer whether you need a rider or a small business policy.
Good practices for selling in your building
- Don’t use the lobby, hallways, parking or amenity rooms as storage or a point of sale.
- Don’t receive customers in your apartment: bring the order to your neighbor’s door.
- Don’t ask doormen, concierge or maintenance staff to help with the operation.
- Restock at quiet times and never block elevators, corridors or entrances.
- Respect quiet hours, security and access rules.
- Don’t advertise in common areas or groups where it is not allowed.
- Store products hygienically, at the right temperature and within their expiry dates.
How to talk to your landlord or HOA
Even if you need no space, a short conversation with management avoids misunderstandings. Explain that orders are digital, that there will be no equipment and no customer traffic, and that you deliver yourself. We wrote a page for property managers and boards: HomeMarket for buildings — send them the link.
Ready to start? Follow the step-by-step to start a mini market in your apartment building, or compare the options in lobby micro market vs HomeMarket.
This guide is for information only and is not legal or tax advice. Sellers are responsible for following their lease, their HOA bylaws and the laws of their city and state.
Frequently asked questions
Can my landlord or HOA stop me from selling groceries from my apartment?
Leases and HOA bylaws can restrict home businesses, especially anything that affects quiet, safety, traffic or the residential use of the unit. A digital store with nothing in common areas and no customers coming in is designed not to affect those, but read your lease and bylaws and ask if in doubt.
Do I need board or HOA approval to use HomeMarket?
HomeMarket uses no common area and needs no contract with the building. Board or HOA approval usually comes up when shared space is used, as with a micro market installed in the lobby.
Do I need a permit to sell to my neighbors?
In most places, yes if you sell regularly: a city business license or home occupation permit and a state sales tax permit. Requirements vary by location, so check with your city and your state tax agency.
Can the doorman or concierge deliver orders for me?
No. Building staff should not be part of the operation. You deliver to your neighbor’s door yourself.
Is the building responsible for my sales?
No. The seller operates on their own behalf and is responsible for the activity; the building signs no contract, receives no money and takes on no obligation.
Open your store in your building today
Download the HomeMarket Seller app, create your store for free and start serving your neighbors.