Anyone Providing Child Care from a Rental Home in CA?

[Sergio]

Hi, folks!

I've been reading this forum for a while, and have finally decided to post a question that keeps me up at night.

My wife wants to fulfill her dream and become a child care provider. Unfortunately, we can't afford to buy a good house in the location where there is a huge demand. So we decided to rent a house. Legally, we are 100% covered, because California has a special protection for renters providing child care:

http://www.publiccounsel.org/tools/assets/files/Legal-Duties-of-Landlords-to-Family-Child-Care-Provider-Tenants-Updated-May-2010.pdf

However, in my few years on Earth, I've already realized that legal theory and practical reality are often different. So has anyone here had any experience in providing child care from
a) a rental home
b) in California?

If so, how did this work out in practice? Did the landlords get upset and try to evict you despite what the law says?

Thank you for your answers!

[spedmommy4]

In my experiences, it is hard to rent a place if in home childcare provider is listed as your profession; however, once you've been renting a place for awhile it tends not to be a big deal.

For the landlords that do check up on you regularly, I have found that they want to know:

A. Your childcare is insured (One required me to name them as an additional insured party)

B. You aren't letting the kids run wild and wreck the house

If you are doing the above and paying your rent on time, you should be okay.

[Sergio]

Thanks for the quick reply! If I wasn't clear, I am sorry, but we have already signed a 3-year lease.

[daycare]

It's easier if you move in and then start one after moving in they can't say no.

However last year I got into a law suit with a landlord who refused to rent to me because I operate a child care. It was you know what trying to rent a house with disclosing that I run a daycare. Insured or not most landlords don't want the liability or wear and Tare on their house

I have excellent credit and renting history that I was able to provide and it was a pure nightmare.

[Daycare Insurance]

Hi, folks!

I've been reading this forum for a while, and have finally decided to post a question that keeps me up at night.

My wife wants to fulfill her dream and become a child care provider. Unfortunately, we can't afford to buy a good house in the location where there is a huge demand. So we decided to rent a house. Legally, we are 100% covered, because California has a special protection for renters providing child care:

http://www.publiccounsel.org/tools/assets/files/Legal-Duties-of-Landlords-to-Family-Child-Care-Provider-Tenants-Updated-May-2010.pdf

However, in my few years on Earth, I've already realized that legal theory and practical reality are often different. So has anyone here had any experience in providing child care from
a) a rental home
b) in California?

If so, how did this work out in practice? Did the landlords get upset and try to evict you despite what the law says?

Thank you for your answers!

This is a very good question. It really depends on the landlord. Its best to be open with them about it. If they seem hesitant you can always remind them that you'll be happy to add them as an additional insured onto your child care liability policy. This can really help to ease their concerns. Adding them as additional insured would mean that in the event that you are sued for liability and they are included in the law suit they would share your limits.

[Thriftylady]

This is a very good question. It really depends on the landlord. Its best to be open with them about it. If they seem hesitant you can always remind them that you'll be happy to add them as an additional insured onto your child care liability policy. This can really help to ease their concerns. Adding them as additional insured would mean that in the event that you are sued for liability and they are included in the law suit they would share your limits.

I rent, and have been in this home 9 years. I started my legally unlicensed daycare in August but had no kids until Feb. My landlord has no clue, his guy was here last week to start some repairs but I doubt said a word. But I can't seem to get insurance since I am legally unlicensed. I would get some, if I could find it.

[daycare]

This is a very good question. It really depends on the landlord. Its best to be open with them about it. If they seem hesitant you can always remind them that you'll be happy to add them as an additional insured onto your child care liability policy. This can really help to ease their concerns. Adding them as additional insured would mean that in the event that you are sued for liability and they are included in the law suit they would share your limits.

In California it is against the law for a landlord to refuse to rent to you because you run a child care.

[Sergio]

So today we notified our property manager by email. Her reply was basically: "I will forward your notice to the landlord for approval."

Ugh. Whatever.

The worst thing about childcare laws in California is the lack of knowledge among real estate lawyers, real estate agents, and even property managers.
Why are they all so badly misinformed??!?! How do they earn their money?

In the future, I will keep you updated on our situation, because I think our experience could prove useful for others.

P.S. Maybe I am stupid, but how do I register for this forum?

[UnregistSergeiered]

Also, let me catch you up about two other issues that have been proven important so far.

#1. This paragraph from the link in my OP is important:

====
If the tenant entered into a periodic tenancy (e.g. a month-to-month tenancy with no specified period of duration), the landlord is required to give: a) a 60-day written notice to a tenant who has lived in the rental property for over one year; or b) a 30-day written notice. The notice need not state a reason for the eviction. However, if the tenant signed a lease covering a term (for example, 6 months, 1 year, 5 years), the landlord cannot end the lease until the term expires unless the tenant violates a condition of the lease.
====

Basically, we insisted on a 3-year lease, because e would be comfortable moving out in 2018.

#2. A common question is: Should you tell the landlord before you sign the lease? Here is a story that helps you understand why my answer is a definite NO.

We have friends who actually did ask before they signed a 1-year lease, and the landlord said yes. Hurray- right? Wrong! Only a month later, when their notice arrived, the landlord consulted his lawyers and got scared. Then, the landlord made it clear that they wouldn't extend the 1-year lease (see the paragraph above). So our friends were forced to choose between moving out immediately, or in 1 year. Again- all of that despite the fact that they asked the landlord before signing the lease. So my opinion: Don't ask.

[Blackcat31]

P.S. Maybe I am stupid, but how do I register for this forum?

Scroll past the first section in this link:

https://www.daycare.com/forum/faq.php?faq=vb3_board_usage#faq_vb3_register

Directions on how to register are found in the second section.

[Sergio]

Thank you! I am glad to be part of your community!

[Blackcat31]

Thank you! I am glad to be part of your community!

Welcome to the forum happyface

[Unregistered]

Here's my story!
We had the perfect, darling, near the beach, fenced in yard, little house picked out. We were set to sign the lease. We gave the management company the deposit. It was all ours. Then my husband and father in law started thinking we really should tell them first. I firmly disagreed. We told them. The management company told the owner and the owner said she didn't want to rent to us because of the childcare.

I told them that is against the law. I called family childcare law office (free law services to help family childcare legal situations). Family childcare law office said I was right. But, they were busy with way bigger problems and that I could sue her on my own dime and what would I win? I get to live where someone doesn't want me? Then it will be so fun while she comes and checks on us daily... until she kicks us out for some fake reason. I let the whole thing go. Still bitter!

What makes me really mad is that they were wrong but it didn't matter. And the owner never had to face her victims because I only had to talk to the management company who just kept saying "the owner.... the owner... we understand, but the owner..."

[Sergio]

Alright, things are getting interesting now. We got the following reply from our Property Manager:

"My clients is furious about the new intent use his property. He is especially disappointed with the fact that you tricked us to sign a 3 years lease when you had the knowledge that you wanted to do a day care. If you are getting paid, then you are operating a business.

He has retained the service of an attorney and he is going to do everything in his power to stop the day care. The property is not safe for children. Even with release of liability, the landlord can be sued and so am I since I am managing the property.

You misrepresented yourself by saying you were going to work at [my wife's current place]."

I arranged a personal meeting, because I sincerely don't want any trouble.

[Unregistered]

Wow! Well now you have written documentation that the reason for wanting you out is an illegal one.