Originally Posted by TwinKristi:
What about consulting a lawyer and having them assure her YOU carry liability insurance and by listing her as additionally insured you are protecting her from being sued. Sadly the way they can get around this is denying you for another reason. Offer her an additional deposit. Offer to pay for a consultation with an attorney of her choice.
Aside from that I don't know what else you can do? Maybe hire an interpreter who can translate what you're saying? Ugh! I can't imagine. I didn't know my rights before starting daycare and was denied a rental because they wouldn't allow a daycare and that's the only way we could afford the increase in rent. Stupid! Have her deny you for the daycare and then sue her! Buy the house with your winnings. LOL Kidding!!!
Anyway, so sorry daycare. I know you're trying!!!
I did find this sample letter.......tell me what you think..
SAMPLE LETTER TO LANDLORD
You may find that writing a letter to your landlord outlining your right to operate a
family child care home in rental property will help in their understanding of what
your rights are. The following is sample language you may want to use in a letter
to your landlord. You may use all of the information or the parts that pertain to
your particular situation.
Dear _________________:
This letter is to provide you with information about the protections in law that give
me the right to operate a licensed family child care home in my rental property.
CCAP 10/00 10
By definition, family child care must take place in the provider’s home. The law,
Health and Safety Code Section 1596.78 states in part: “’Family day care home’
means a home that regularly provides care, protection, and supervision for 14 or
fewer children, in the provider’s own home, for periods of less than 24 hours per
day, while the parents or guardians are away…”
Family child care homes are not child care centers which are run in facilities
other than the provider’s home and usually have large numbers of children. I am
licensed to care for (insert your licensed capacity here) children. I can not care
for any more children than my license allows.
The law also says that a landlord can not place restrictions on a tenant who does
family child care. That law is Health and Safety Code Section 1597.40 and it
says in part:
(b) Every provision in a written instrument entered into relating to real property
which purports to forbid or restrict the conveyance, encumbrance, leasing, or
mortgaging of the real property for use or occupancy as a family day care home
for children, is void and every restriction or prohibition in any such written
instrument as to the use or occupancy of the property as a family day care home
for children is void.
(c)…every restriction or prohibition entered into, whether by way of covenant,
condition upon use or occupancy, or upon transfer of title to real property, which
restricts or prohibits directly, or indirectly limits, the acquisition, use, or
occupancy of such property for a family day care home for children is void.
This means that a lease or rental agreement that prevents the use of the home
for any commercial purpose can not be used to prohibit licensed family child
care. It also means that I am not in violation of my (insert the appropriate term,
lease or rental agreement) by operating a licensed family child care home.
The law only requires me to notify you in writing that I am providing family child
care. The law does not allow you to discriminate or retaliate against me for
operating a family child care home. The law also does not require me to get your
permission to operate a licensed (insert the appropriate term, small family child
care home for six or fewer children or large family child care home serving 12 or
fewer children.)
The law requires me to get your consent if I care for two additional school-age
children, which would make my licensed capacity either eight or 14 children. If
you do not grant me consent to care for these two additional school-age children,
I can still operate a licensed family child care home. I just can not care for more
than (insert the proper number, six or 12 children.)
CCAP 10/00 11
You may also be concerned about your liability in case a child is injured in my
family child care home. The law, Health and Safety Code Section 1597.531,
gives me three options to address this concern: (1) I can purchase a liability
policy; (2) I can purchase a bond; or, (3) I can have all the parents of the children
in my care sign an affidavit provided by the Department of Social Services
acknowledging that I do not have liability insurance. Purchasing liability
insurance is up to me. You can not require me to do so. If you want to be
included as an additional insured party on any liability policy I may obtain, you
can do that only if you do so in writing to me. The law says that adding you as an
additional insured party is only allowed if the addition does not result in a
cancellation or non-renewal of the policy and if there is any additional premium
that you pay the extra cost.
You may also be concerned about “wear and tear” on the home because I am a
family child care provider. Please be assured that I keep my home neat and
clean at all times. My livelihood depends on having a home that is attractive to
parents who leave their children in my care. Also, the licensing agency makes
unannounced visits and I am required by licensing regulations to keep my home
“clean and orderly” at all times.
I hope I have helped to clear up any misunderstandings you may have about
family child care. I am more than happy to meet with you or provide you with a
copy of the licensing regulations I am required to follow if you have any
questions.
Sincerely,