Tenant wants to use unit as Child care home??

Question

Recently my tenant asked if she could use her unit as daycare home and ultimately we said no because of liability issues and did not want a business to be operated in the property. I thought that was the end of it but this conversation came up again today and she mentioned that it's the law that I have to allow her to have this care home that would allow her to have up to six children. Has anyone ever heard or dealt with this kind of issue before? From the research I've done California allows the tenant to do this and the landlord has no say about it, this sounds bizarre. Any help would be appreciated!

Kelsey Bailey · Answer

Legally you can not stop someone from doing this unfortunately for up to 6 children with a small family child care home license or 12 children for a large child care home license. They do have to provide you written notice about the daycare and you can require them to increase the security deposit they have on file with you up to 2 months rent if the home came unfurnished, or 3 months rent if it was furnished. You cannot use this as a reason to raise their monthly rent, ask them to leave, or require them to have liability insurance for their business.

Nathan Gesner · Answer

Good ol' California. Daycare is so vital that the Landlord loses personal property rights. How long until the State seizes homes for the homeless?

https://www.childcarelaw.org/w...

This is why it's important to know the law in your state. I recommend "Every Landlord's Legal Guide - California Edition" to brush up on basic Landlord techniques and your State law. It's written by attorneys, updated annually, and your ridiculously regulated state justifies its own edition while the other 49 states are covered in one book. Seriously.

Terrell Garren · Answer

M2M rental agreements. The best thing I've learned in 12 years. "You may run your daycare business and here is your 30 day agreement termination notice."

Theresa Harris · Answer

Apparently she can according to this. You can increase the deposit and the rent within the confines of the law. She also has to get insurance and do a few other things.

Bjorn Ahlblad · Answer

@Jason Saenz It is bizarre and I remember reading the regs on this because I could not believe it. Sounds pretty tight, an attorney may be able to help. Perhaps you can have some say in rents etc. Keep us posted!

Tenant wants to use unit as Child care home??

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