Anyone Providing Child Care from a Rental Home in CA?

[Sergio]

Thanks for the information, thriftylady! I will start a new thread in the "Taxes" section.

[Thriftylady]

Thanks for the information, thriftylady! I will start a new thread in the "Taxes" section.

And I answered there with what I know. Limited though it is.

[Unregistered]

Wow, sorry its progressing like this :/ I wrote my story about the house by the beach above. I'm wondering if you have called family childcare law and what they said. For me, it took them a long long time to return my messages and when they finally did, it was too bad, can't help. But really, I hadn't moved in yet. I had given them the deposit check and was scheduled to sign the lease. The manager mailed me my deposit check back.

You are really in a bad situation now. Because you are in a three year lease with people who don't want you there and are going to make your life suck as best they can and probably raise the rent as often and high as they legally can and they will probably try to evict you in any way they can get away with... :/ I don't know what I would do in your shoes.

[Sergio]

Another update. We met with the Property Managers today, and they told us that they didn't know about child care laws in CA. So we gave them a print-out of the link in my OP, and in addition, explained why we would be better tenants than those who don't run a child care.

"You are really in a bad situation now. Because you are in a three year lease with people who don't want you there and are going to make your life suck as best they can and probably raise the rent as often and high as they legally can and they will probably try to evict you in any way they can get away with..."

That's not a fact yet. I am an optimist!

[earlystart]

Give this to them and highlight the pertinent information:

http://www.ccld.ca.gov/res/pdf/Famil...nantRights.pdf

A helpful brochure: https://www.redwoodcity.org/parks/ch...singforFCC.PDF

You don't necessarily need to take them to court or get a lawyer, you need to contact Fair Housing and they will advocate for you, and investigate, and I believe fine them if they are breaking the law.

I rent in CA, and I didn't tell my landlord ahead of time. I gave them the required 30 day notice of intent to open a daycare (license form LIC 9151) and I also included
the relevant sections of that pdf that shows that they can't refuse me, but they can request to increase my deposit (they did) and be added to the liability policy (they did).

P.S. for all the legal/tax questions you and your wife may have, you want to read everything Tom Copeland has written about it, he is the authority on daycare business taxes and that kind of stuff. He has several books that will walk you through everything you need to do to run the daycare properly. You can check out his website for more info: http://tomcopelandblog.com/

[Baby lady]

This should be helpful too. California specific

http://childcarelaw.org/resource/know-the-law-about-family-child-care-in-california-rental-property/

[daycare]

Give this to them and highlight the pertinent information:

http://www.ccld.ca.gov/res/pdf/Famil...nantRights.pdf

A helpful brochure: https://www.redwoodcity.org/parks/ch...singforFCC.PDF

You don't necessarily need to take them to court or get a lawyer, you need to contact Fair Housing and they will advocate for you, and investigate, and I believe fine them if they are breaking the law.

I rent in CA, and I didn't tell my landlord ahead of time. I gave them the required 30 day notice of intent to open a daycare (license form LIC 9151) and I also included
the relevant sections of that pdf that shows that they can't refuse me, but they can request to increase my deposit (they did) and be added to the liability policy (they did).

P.S. for all the legal/tax questions you and your wife may have, you want to read everything Tom Copeland has written about it, he is the authority on daycare business taxes and that kind of stuff. He has several books that will walk you through everything you need to do to run the daycare properly. You can check out his website for more info: http://tomcopelandblog.com/

I went through this last year. While FH did back me up and did try to fight it, they needed me to do all kinds of things in order for them to be able to fine him. Things that I didn' have the time to do. I live in a small city, so the chances of me running into this person was very possible and I didn't want any issues.

I chose to let it go. Sucks, but I was not going to fight someone who didn't want me living in their house. That would have been a horrible situation.

I even came equipped with a 2.5 million dollar policy, excellent credit and a letter from my previous landlord and neighbors about how clean the inside and outside of my past rental was. The neighbors wrote letters supporting my DC as well, saying they were never bothered by it and etc. In the end, I found a place that was not really what i wanted, but the landlord is AWESOME. He loves what I have done to the house, cleaned up the yard, have gardeners, painted the fences, replaces the mailbox and so on.

[Sergio]

Wow, thank you all for more information! I feel so blessed to have found this forum! :hug:

I In the end, I found a place that was not really what i wanted, but the landlord is AWESOME. He loves what I have done to the house, cleaned up the yard, have gardeners, painted the fences, replaces the mailbox and so on.

Are you saying that you told him before you signed the lease? If so, are you worried that he may change his mind about your DC in the future?

[daycare]

Wow, thank you all for more information! I feel so blessed to have found this forum! :hug:


Are you saying that you told him before you signed the lease? If so, are you worried that he may change his mind about your DC in the future?

so at the time that I had to move, which was very unexpected, I was the only income in my family. SO I had no choice but to be very up front and tell the new

[Little Learners]

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..."

I wouldn't be bitter, it was probably for the best because after the lease expired they would have legally decided not to rent to you. Also, since you didn't disclose it on the rental application, they were legally within their right to withdraw the property. Look at it from their standpoint, it's a lot of wear and tear on the carpet and liability. Would you be willing to replace carpet and pay for damage?

People who are suggesting move in and not tell the owner about the daycare would be making big mistake. Not disclosing that you are running a business could be grounds for terminating the lease, and they could evict you. Many, not all home owners check on their property so odds are you will get caught or the neighbors would tell the homeowner.

I would negotiate with a landlord, and have it in writing that you would pay for repairs and damage caused and replace the carpet etc. from the excessive wear. Have frequent walk thru's to demonstrate that you are taking excellent care of their property. Best way to approach that imo.

[Sergio]

A quick update.
After brushing up on California's anti-discrimination laws, the owner is now happy that my wife will run a small child care in his home. We are going to meet him in person soon.

[daycare]

A quick update.
After brushing up on California's anti-discrimination laws, the owner is now happy that my wife will run a small child care in his home. We are going to meet him in person soon.

when you meet with him talk to him what his concerns are about. If you are renting now, get a letter from you landlord talking about how awesome you are as renters and the condition of your property. Let them know what you plan to do to take extra care of the house because you always need to obtain curb appeal to attract new clients, keep the house cleaned better to get and keep clients. Get letters of reference from your neighbors. and let them know that you plan to keep only a small group.

At first mine was not happy either and I invited him to my house. I showed him the before pics of the house I was in (it was not too good) and then he had the chance to see all the improvements I made on my dime. New windows, toilets, sinks, replaces all of th light fixtures, new front door, new mail box, ripped out the old grass and planted some beautiful plants.

Once he saw all of that and my insurance policy he changed his mind...

[Unregistered]

@little learners above: you're wrong actually. It is not grounds for terminating the lease. That's the whole point of this thread. It's CA law. We are protected and we don't need permission. What we have to do is give notice before we start. And I did tell the truth on the application. I wrote 'child care provider unemployed'. And no, I wouldn't have ever paid to redo the carpet or walls because, again, its the law that renters don't get penalized for wear and tear after a number of years. I would have stayed till that number was up, and then some. Just like the other places I have lived. Are you in CA? This is a about CA laws.

[Little Learners]

Sorry but I'm on both sides of the coin, and having a daycare business does impact your house. Yes I've read CA tenant/landlord laws, and if that landlord wanted you out they could get you on other things. Or if neighbors complain and document, even in CA he could have a case, it's not so cut and dried. I would never do a 3 year lease though because if we don't like someone they are out end of lease.

However, my point was much better to have a good relationship, and be upfront. Unemployed daycare provider is not the same as running a daycare business from someone else's home.

Telling them, and quoting how the law is behind you isn't going to make for a great relationship. I would have been upfront before the application, stating how you will take excellent care of everything etc. and from frequent walk thru's they could see that. We've had mostly great tenants, and most have stayed long term. If the home was well taken care of we didn't raise rent and put in new stairs for one lady who had knee surgery. One the other hand one tenant was a lawyer we got out in 6 months.

Again my main point is you don't want to live in someone else's home who doesn't want you to be there.

[Sergio]

Little Learners,

Thank you for your perspective! I agree that it is very important for a tenant to have a good relationship with the landlord. If it's alright with you, I would very much like to better understand your side of the coin now.

First of all, do you have properties in California?

I would never do a 3 year lease though because if we don't like someone they are out end of lease.

Conversely, I as a tenant wouldn't do anything less than a 3 year lease, because I don't want to move every year.

However, my point was much better to have a good relationship, and be upfront. Unemployed daycare provider is not the same as running a daycare business from someone else's home.

Please, clarify. What exactly is the difference here?

I would have been upfront before the application, stating how you will take excellent care of everything etc. and from frequent walk thru's they could see that.

Well, we told our previous landlord, but just a few weeks after we had moved in, they changed their mind.

Again my main point is you don't want to live in someone else's home who doesn't want you to be there.

So here is my main question. As a landlord, why wouldn't you want a small family child care provider as your tenant?

Thank you for your time! I am looking forward to your answers.