California Landlord Issues

[daycare]

Hey Ladies and Gents,

Those of you that have any knowledge about renting with running a home FDC, I could use some help here.

It looks like I have found a house, everything is going well, but now the Landlord is hung up on my DC. She is worried that she will be held liable for something should an accident or incident occur.

I do have 2 insurance policies in place, 1 renters and 1 that is DC insurance. They both carry very high coverage on them. I did tell her that I would be more than happy to name her on the policy and even raise the limits. She still seems to be concerned that she can be sued for something in anyway, shape or form.

Other than the handouts from Childcare law, I am trying to find information that states that the Landlord cannot deny me because of the DC and that unless it is direct neglect of the landlord, they cannot be sued by my childcare clients........

UGH.........I am a very honest person, but every party of me wishes that I would have lied about the childcare, moved in and then told them, because they cannot evict me due to the DC. But I would never sleep at night if I did that.....

HELP....anyone have documentation that I could provide for this Landlord.

Thanks so much

[Sugar Magnolia]

I dunno daycare, I think they can deny you legally if they choose to. I don't think you can force them to rent to you,.and it's not discrimination, because the denial isn't based on race, religion, etc. It's like pets, they have the right to say "no pets allowed" and I imagine they could site undue wear and tear on the property.

This really stinks for you daycare. I truly hope it works out.:hug:

Have you thought about opening a center, even a small one?

[Second Home]

You may want to tread lightly . I do not think anyone would like to be told they can not deny you a daycare according to thd law . She may just find a different reason not to rent to you . I would stick with things that will benifit her . Long term rent , great upkeep of the home , free fire inspections , etc...

[daycare]

I dunno daycare, I think they can deny you legally if they choose to. I don't think you can force them to rent to you,.and it's not discrimination, because the denial isn't based on race, religion, etc. It's like pets, they have the right to say "no pets allowed" and I imagine they could site undue wear and tear on the property.

This really stinks for you daycare. I truly hope it works out.:hug:

Have you thought about opening a center, even a small one?

I believe in CA this is not the case.

I did find this, but am having issues translating to understand what it means to me. Can you read this and tell me what you think it is saying.

I would love to open a center, I would just need to finish my education before I could do that. In CA we have to live in the home to operate a DC...

[Blackcat31]

Here is the California Landlord/Tenant rights book in a pdf file.

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Also here is what California law says about daycares in rentals:

Under California law, ALL single family residences, including rental apartments and condominiums, can be used as a day care facility because such is NOT considered a "business use of the property." California Health & Safety Code § Section 1597.43(a). This right cannot be restricted by a condominium HOA or a landlord. In fact, any lease provision prohibiting the operation of a day care facility is void as against public policy, but that does not mean the landlord doesn't have any rights.

A residential landlord who learns that a tenant is operating a family day care facility in their rental unit is permitted to require the tenant to pay an increased security deposit, but the requested security deposit still cannot exceed the maximum permitted by existing law (2 month's rent).

The landlord may also request proof that the operation is properly licensed. To operate a family day care facility out of a rental unit the tenant must inform the landlord of his or her intent to do so and acquire a license from the California Department of Social Services, who as a condition of issuing the permit will inspect the premises for code compliance and require the day care operator to receive 15 hours of training. Once approved, the operator will be permitted to provide day care for up to 6 children under age 10, and if the owner consents an additional 2 school aged children.

A day care facility operator must also either: (1) carry general liability insurance of $100,000 per occurrence and $300,000 aggregate; or (2) inform and have each parent acknowledge in writing that the day care facility is not insured, and that any liability insurance held by the landlord may not cover any claims or losses relating to the operation of the family day care facility. However, if the landlord otherwise requires each of its residents to carry renter's insurance, that requirement will still apply to the rental unit within which a family day care services are provided.

A family day care service provider operating out of a rental unit should also be aware that a landlord and the adjacent residents are not required to tolerate excessive noise that disrupts the peaceful and quiet enjoyment of the other tenants, or other conduct that causes excessive damage to the property. Day care service providers should inform parents to be respectful of the neighbors when dropping off and picking up their children and should plan relatively quiet activities that respect the needs of the other tenants (coloring, painting, home work help, etc.). Landlords, on the other hand, should exercise caution before sending a written warning and/or notice of eviction as such may be deemed to be a discriminatory act. Landlords would be wise to inform their other tenants to document the disturbance and send a written complaint letter so the landlord will have evidence to substantiate his actions.

[daycare]

Here is the California Landlord/Tenant rights book in a pdf file.

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Also here is what California law says about daycares in rentals:

Under California law, ALL single family residences, including rental apartments and condominiums, can be used as a day care facility because such is NOT considered a "business use of the property." California Health & Safety Code § Section 1597.43(a). This right cannot be restricted by a condominium HOA or a landlord. In fact, any lease provision prohibiting the operation of a day care facility is void as against public policy, but that does not mean the landlord doesn't have any rights.

A residential landlord who learns that a tenant is operating a family day care facility in their rental unit is permitted to require the tenant to pay an increased security deposit, but the requested security deposit still cannot exceed the maximum permitted by existing law (2 month's rent).

The landlord may also request proof that the operation is properly licensed. To operate a family day care facility out of a rental unit the tenant must inform the landlord of his or her intent to do so and acquire a license from the California Department of Social Services, who as a condition of issuing the permit will inspect the premises for code compliance and require the day care operator to receive 15 hours of training. Once approved, the operator will be permitted to provide day care for up to 6 children under age 10, and if the owner consents an additional 2 school aged children.

A day care facility operator must also either: (1) carry general liability insurance of $100,000 per occurrence and $300,000 aggregate; or (2) inform and have each parent acknowledge in writing that the day care facility is not insured, and that any liability insurance held by the landlord may not cover any claims or losses relating to the operation of the family day care facility. However, if the landlord otherwise requires each of its residents to carry renter's insurance, that requirement will still apply to the rental unit within which a family day care services are provided.

A family day care service provider operating out of a rental unit should also be aware that a landlord and the adjacent residents are not required to tolerate excessive noise that disrupts the peaceful and quiet enjoyment of the other tenants, or other conduct that causes excessive damage to the property. Day care service providers should inform parents to be respectful of the neighbors when dropping off and picking up their children and should plan relatively quiet activities that respect the needs of the other tenants (coloring, painting, home work help, etc.). Landlords, on the other hand, should exercise caution before sending a written warning and/or notice of eviction as such may be deemed to be a discriminatory act. Landlords would be wise to inform their other tenants to document the disturbance and send a written complaint letter so the landlord will have evidence to substantiate his actions.

BC thank you for the post, can you tell me where you got that information from.

[daycare]

BC thank you for the post, can you tell me where you got that information from.

never mind I just saw your link on the top

[daycare]

I still can not find that information you found even with the link you gave me.


I did find this, which contradicts the information you provided, not surprised, it's CA...

and this...

Q: Can a landlord prohibit family child
care in a tenant’s home?

A: No.
Some landlords may tell their tenants
that family child care is not permitted
on the property. However, landlords
have no authority to do this in
California. It is illegal in California
for a landlord to try to prohibit a
tenant from operating a licensed
family child care program in a
rental unit or to attempt to evict a
tenant who tries to do so. While a
landlord may have some questions and
concerns about the effect of operating
a family child care home on the
property, none of these concerns can
legally justify requiring the tenant to
terminate the family child care
program. The following questions and
answers address some of the
difficulties encountered between
landlords and tenants who are family
child care providers, and offer some
suggestions on how to handle some of
the more common conflicts and
concerns. The Child Care Law Center
has prepared other materials on “plus
2” and on the notice requirement.

[craftymissbeth]

Could you get a letter from your old landlord saying you are good tenants and there was never a problem with the daycare?

[daycare]

Could you get a letter from your old landlord saying you are good tenants and there was never a problem with the daycare?

I did and I have given it to her......they gave me a very wonderful referral that brought tears to my eyes.

they just want to make sure that she can't be sued in any way or have to be liable for anything, which I can understand.

[Blackcat31]

never mind I just saw your link on the top

Oops sorry.... I should have posted that differently/clearer.

The pdf file was from the link I posted.

The actual words I posted were from a laywers web-site which you can find here:

http://www.yourlegalcorner.com/articles.asp?cat=land&id=115

[Margarete]

I don't think there is any way to *guarantee* she won't be sued for anything... just like there is no way to guarantee she won't be sued for something happening at the property if she was renting to someone else, or something happening at her own home... However you have daycare liability insurance, and rental insurance that protects her from being sued, and even from her own home owners insurance from being used.

Denying renting to you because you run a Day care is more valid reason to be sued, and I'm not sure that anyone's insurance protects her from that

[Sugar Magnolia]

I believe in CA this is not the case.

I did find this, but am having issues translating to understand what it means to me. Can you read this and tell me what you think it is saying.

I would love to open a center, I would just need to finish my education before I could do that. In CA we have to live in the home to operate a DC...

Excellent! Your state has better protection than mine. With what BC posted, looks like you are in the right here. I think you'll get your lease! happyface

[daycare]

Excellent! Your state has better protection than mine. With what BC posted, looks like you are in the right here. I think you'll get your lease! happyface

I sent her over all of that information and now I am just waiting to hear back from him. My heart hurts that some people can be so nice....My current landlord wrote me the nicest letter ever that melted my heart. I really hope all of this information seals the deal...I need a home...

[daycarediva]

Can you operate as an LLC (limited liability company?) I am not that legal savvy, but I believe that you cannot be sued beyond your insurance maximum if that's the case.

My dh's business operates that way, and so do several other contractors we know.

One was sued when the power went out and the sump pump he installed, in a finished basement, failed. They got a payout from insurance but couldn't go after him personally, even though they tried.