Can my Landlord force me to stop watching kids?

[Kreeman]

I am a Type B unlicensed child care provider in Ohio. It has come to my attention that any business run out of my apartment is prohibited under my lease. My landlord wants me to stop watching these kids because she considers it a business. I don't at all, and I don't think the law would consider it legitimate either. I would understand if I was a licensed and fully operational daycare but I'm not. It's just babysitting. Can I fight this with any legal standing? If I'm truly in the wrong I will stop but before doing that and giving up half my family's income, I would like to be 100% sure of my rights. Please only answer if you are knowledgable about Ohio law and tenant rights. Thanks.

[Thriftylady]

I am also in Ohio. As a Class B home, I say we would be considered a business. Based on the facts that we still have to pay taxes and still have to provide our tax info for the parents to claim tax deductions. I think the real question comes down to what does the lease say. They can tell you it says this or that, but make sure it really does.

[Unregistered]

if you had a business license you would have business insurance
the land lords concerns are over liablity and damage ...who pays if a claim comes in ...

[Magic]

I am the unreg one about insurance too
an other thought ...is if it had to be a business the landlords place may not be zoned to be a business...so they they could get introuble not you ...so maybe you could get some sort of insurance and " babysit" and the land lord might be confortable with that ....they are simply covering them selves ....and realy they have too ...

[daycare]

look into fair housing within your state and see what it says. I don't know about your state, but here in CA our landlord can not deny us. BUT we also have to be licensed.

you can only be licensed empt if you watch one families children. they can have multiple children, but must be from the same family, otherwise need a license.

[Kreeman]

I am also in Ohio. As a Class B home, I say we would be considered a business. Based on the facts that we still have to pay taxes and still have to provide our tax info for the parents to claim tax deductions. I think the real question comes down to what does the lease say. They can tell you it says this or that, but make sure it really does.

I am unlicensed, though, and am paid in cash. I am not taxed whatsoever.

[Kreeman]

I am the unreg one about insurance too
an other thought ...is if it had to be a business the landlords place may not be zoned to be a business...so they they could get introuble not you ...so maybe you could get some sort of insurance and " babysit" and the land lord might be confortable with that ....they are simply covering them selves ....and realy they have too ...

I would be more than willing to get some type of liability insurance if it came to that but so far the landlord just wants me to quit watching kids.

[Kreeman]

look into fair housing within your state and see what it says. I don't know about your state, but here in CA our landlord can not deny us. BUT we also have to be licensed.

you can only be licensed empt if you watch one families children. they can have multiple children, but must be from the same family, otherwise need a license.

The only LAWS I can find are CA laws. Seems to be the case with most things. I can't find anything pertaining to this in Ohio law.

[Blackcat31]

Money from babysitting is still considered income.
ALL income is taxable.

I think your landlord is correct in stating that you are running a business because you are earning an income by providing a service.

Babysitting is usually defined by length of time you watched the child(ren) and how often. If its a couple hours once or twice a month I'd consider asking for consideration in regards to the lease rule but it would still be considered income and be taxable.

If I recall correctly the IRS actually defines babysitting

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/What-is-Taxable-and-Nontaxable-Income

[Heidi]

I am unlicensed, though, and am paid in cash. I am not taxed whatsoever.

So...

You're lease, which I believe is a contract you signed, says 'no business". That means...no business. ****s, but true. I dealt with it once myself many years ago, and even though I was only caring for 3 children, the landlord said "no".

As for working for cash, you're really opening yourself up to a big ole' can of IRS whoop-ass if you're reported. Isn't that how they got Al Copone?

Seriously, if you're watching your neighbors kids now and then, no one is going to care. But, you are running a business in an apartment without the landlords consent, and evading taxes too. Double trouble there!

[Provider_Manda]

I am unlicensed, though, and am paid in cash. I am not taxed whatsoever.

If you are unlicensed than you are not type B. I'm a type B provider in Ohio, licensed through the State. Even if you consider yourself unlicensed provider, you are still considered a business and are suppose to file taxes and give receipts to you families for tax purposes. Providers are not taxed, they are considered self-employed and file taxes, depending on your income and such depends on if you pay taxes or not.

[MrsSteinel'sHouse]

I am unlicensed, though, and am paid in cash. I am not taxed whatsoever.

If you are saying you are a Type B that is a licensed provider in Ohio. If you are unlicensed then you are unlicensed.
You are still responsible for taxes. If any money goes from a parents hands to yours, you are responsible to report that as income on your taxes. If you are having clients come to your residence to watch a child and you are accepting money for that child, you are operating a business weather you treat it as such or not.
"Babysitting" would be on occasion you watch a child. (even then you are responsible to report that income!) If daily, you have kids, that is a childcare business. If this is half of your income, it is a business.
Now, read your lease. Talk to the landlord but if it says no businesses, they do have grounds to stop you.

[Solandia]

Chiming in like the others...
#1 - you are a business, a babysitting biz or home daycare, whichever you call yourself

#2 - it is taxable income, cash or not

#3 - your clients can still claim the childcare deduction on their taxes, without or without your consent or tax#.

#4- not paying taxes is punishable. IRS don't play games on that.

I was unlicensed, legally, for a few years total, licensed for about 10. I ran my business the exact same way, kept the same record for taxes, and paid my taxes. Even for the clients that didn't claim the deduction and/or paid in cash. You certainly can choose to work "under the table", but it is not legal, nor advised.

As far as the landlord is concerned, not only are you running an illegal biz, but you are running it on his property. If a child gets injured in some way, he needs to know that YOUR insurance is going to cover it, and not get his insurance canceled because you are a home daycare. Since you illegally not paying taxes, I can pretty much guess you aren't paying for daycare insurance.

I can't see any landlord wanting to have that kind of liability for a renter operating a shady business out of his property.

[Ariana]

Not paying taxes on cash earned is ILLEGAL.
Anytime you exchange a service or product for money it is a BUSINESS

I agree with your landlord unfortunately.

[Unregistered]

Its a business.. you are earning regular income at the property and you need to be paying taxes on it. All income earned is taxable. Heck I earned 5 dollars at jury duty one day and that was taxed. Your options are either to stop babysitting at that property or move out.