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Daycare Center and Family Home Forum>California Landlord Issues
daycare 01:05 PM 05-27-2014
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
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Sugar Magnolia 01:31 PM 05-27-2014
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.

Have you thought about opening a center, even a small one?
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Second Home 01:32 PM 05-27-2014
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...
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daycare 01:34 PM 05-27-2014
Originally Posted by 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.

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...
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Blackcat31 01:48 PM 05-27-2014
Here is the California Landlord/Tenant rights book in a pdf file.
http://www.dca.ca.gov/publications/l...k/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.

Reply
daycare 02:01 PM 05-27-2014
Originally Posted by Blackcat31:
Here is the California Landlord/Tenant rights book in a pdf file.
http://www.dca.ca.gov/publications/l...k/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.
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daycare 02:06 PM 05-27-2014
Originally Posted by daycare:
BC thank you for the post, can you tell me where you got that information from.
lol never mind I just saw your link on the top
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daycare 02:15 PM 05-27-2014
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.
Reply
craftymissbeth 02:22 PM 05-27-2014
Could you get a letter from your old landlord saying you are good tenants and there was never a problem with the daycare?
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daycare 02:29 PM 05-27-2014
Originally Posted by craftymissbeth:
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.
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Blackcat31 02:57 PM 05-27-2014
Originally Posted by daycare:
lol 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/artic...at=land&id=115
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Margarete 03:08 PM 05-27-2014
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
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Sugar Magnolia 03:25 PM 05-27-2014
Originally Posted by daycare:
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!
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daycare 03:32 PM 05-27-2014
Originally Posted by Sugar Magnolia:
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!
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...
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daycarediva 03:34 PM 05-27-2014
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.
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daycare 03:42 PM 05-27-2014
Originally Posted by 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.
I dont know anything about that, but it would be worth looking into.
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Sugar Magnolia 04:13 PM 05-27-2014
Originally Posted by daycare:
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...
I bet that letter from your current landlord will seal the deal. Kindness really does matter in the world.
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daycare 05:36 PM 05-27-2014
Originally Posted by Sugar Magnolia:


I bet that letter from your current landlord will seal the deal. Kindness really does matter in the world.
thanks guys. I have given her all of this information and I guess she is still concerned about the childcare liability?????. There is a bit of a language barrier (it's actually not me,lol) so I think it is making it a bit hard to explain everything to her.

I was thinking of drafting up a nice letter, but not too sure how to write to without sounding like I am threatening her. Any ideas?

Also, I have already given her all of my referrals even from my current landlord. I have also given her my detailed daily run down of how I run my business, my rules and how well I keep the home. I don't think any of those are concerns, it's only the liability issue at this point.
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TwinKristi 05:59 PM 05-27-2014
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!!!
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daycare 06:04 PM 05-27-2014
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,
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Unregistered 06:25 PM 05-27-2014
Have you thought about maybe inviting him in to your current home and show him how nice, clean, and well maintained it is?

I hope everything works out for you
I am a rental property owner and a provider and I have shamefully passed up family day care providers because I know how it is.
Some people have really good kids and some don't and I was not willing to risk it with my rental property
I know I am terrible
good luck with it
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earlystart 10:05 AM 05-28-2014
Just wanted to say I'm sorry you're going through this for trying to be honest and up-front about wanting to do daycare! Sucks that it's biting you in the butt. Seems like if you're dead set on trying to get this lady to agree to rent to you, you might need to hire a lawyer to write a letter explaining what liability insurance will cover and protect her from. Other than that, I don't know what else you can do to convince her. All the documentation I have about tenant rights regarding home daycare in CA deals with AFTER you already have the lease:

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

Good luck! If you don't get this rental, next time don't feel bad AT ALL about keeping it a "secret" until after you have the lease.
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Blackcat31 10:15 AM 05-28-2014
Originally Posted by earlystart:
All the documentation I have about tenant rights regarding home daycare in CA deals with AFTER you already have the lease:
That is what I was thinking too. You can't force a landlord to rent to you because you have a daycare.

I think the rules are about a landlord wanting to evict you AFTER they find out you have a daycare.

If this landlord doesn't want to rent to you because you have a daycare, she will just use another reason for not renting to you. kwim?

No different that providers not wanting to enroll a child for whatever reasons. We usually just use the "space is filled" line instead of the "real" reasons.
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TwinKristi 10:57 AM 05-28-2014
Originally Posted by Blackcat31:
That is what I was thinking too. You can't force a landlord to rent to you because you have a daycare.

I think the rules are about a landlord wanting to evict you AFTER they find out you have a daycare.

If this landlord doesn't want to rent to you because you have a daycare, she will just use another reason for not renting to you. kwim?

No different that providers not wanting to enroll a child for whatever reasons. We usually just use the "space is filled" line instead of the "real" reasons.
Exactly... Unfortunately there's no protection against this.

Just a little story to share... A girl on my Facebook that I know from another forum who lives here in CA posted about looking for a job but it's so difficult because she needs to make at least $15/hr just to break even after paying for daycare, doesn't include anything else. Finding a job for more than $15/hr is nearly impossible around here, especially as a mom who's been out of the workforce for some time raising children. I thought she did daycare and asked her why she wasn't doing daycare anymore and I guess she was license-exempt and only watching one family but that ended awhile back. I told her to consider getting her license and doing licensed care because it beats paying for daycare when you have so many little ones and need to make $X amount to break even. She said that her landlord won't let her run a business from her home and won't allow her to have a daycare. I replied that that's totally illegal and he can't do that and linked the one posted way up at the top of this page with legal advice about daycare and tentant issues. So she replies that her landlord is a lawyer so he knows what he's talking about... Oh I was LOL I think what she's doing is trying to NOT work and make it impossible to find a job for herself and then she can just SAH. But I wonder how many other people don't realize they're being lied to and illegally denied the right to run a small daycare from their home. It's crazy!!!
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Unregistered 12:15 PM 05-28-2014
I had this issue and it was actually my parents that own the house. They were very concerned about being held liable as well if anything happened. They called their insurance company and the policy that they have and most insurance policies for rentals states that there can not be any business ran out of the house. If my dad wanted to change the policy to one that allowed this his rate would triple, which the daycare (I) would have to cover. So his insurance plus my rental insurance plus daycare insurance was way to much so we decided to buy instead.
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MarinaVanessa 12:25 PM 05-28-2014
Originally Posted by 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.

Have you thought about opening a center, even a small one?
In CA there are laws that protect FCC. It is actually illegal in CA to deny renting to someone that wants to do FCC or to deny them if they later wanted to. All they can do is limit the amount of kids you care for to 6 (or 12 if large fcc) and request a higher security deposit (not more than 2 months worth of rent).

Here is something else from publiccounsel.org
http://www.publiccounsel.org/tools/a...d-May-2010.pdf

Here is the wording to the actual codes:
CAL. HSC. CODE § 1597.40

California Health and Safety Code Section 1596.750
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TwinKristi 12:26 PM 05-28-2014
A home daycare is not considered a business. You don't need a business license in CA to run a family daycare. You're not required to have insurance either. I have both a rental insurance policy and a daycare insurance policy in place and I'm sure my landlord has some type of insurance? Insurance companies want to limit their liability and will do so any way they can including lying. Some policies offer an umbrella policy for childcare to keep customers with them. Other's don't.
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TwinKristi 12:28 PM 05-28-2014
Originally Posted by MV:
In CA there are laws that protect FCC. It is actually illegal in CA to deny renting to someone that wants to do FCC or to deny them if they later wanted to. All they can do is limit the amount of kids you care for to 6 (or 12 if large fcc) and request a higher security deposit (not more than 2 months worth of rent).

Here is something else from publiccounsel.org
http://www.publiccounsel.org/tools/a...d-May-2010.pdf
I absolutely agree, but the problem is proving that they denied someone FOR the daycare alone. It's like an employer not hiring a pregnant woman, they can come up with multiple other reasons why they didn't hire them even if the real reason is the pregnancy which is illegal. KWIM?
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MarinaVanessa 12:44 PM 05-28-2014
Originally Posted by Unregistered:
I had this issue and it was actually my parents that own the house. They were very concerned about being held liable as well if anything happened. They called their insurance company and the policy that they have and most insurance policies for rentals states that there can not be any business ran out of the house. If my dad wanted to change the policy to one that allowed this his rate would triple, which the daycare (I) would have to cover. So his insurance plus my rental insurance plus daycare insurance was way to much so we decided to buy instead.
This is why fcc's can get liability insurance and name the owner on the policy so they are covered without having to add their own additional policy which is pricier.
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MarinaVanessa 01:15 PM 05-28-2014
Originally Posted by TwinKristi:
I absolutely agree, but the problem is proving that they denied someone FOR the daycare alone. It's like an employer not hiring a pregnant woman, they can come up with multiple other reasons why they didn't hire them even if the real reason is the pregnancy which is illegal. KWIM?
This is true, and legally if you are planning on renting a home or apartment and plan on moving your FCC there you have to give a 30 day notice of INTENT to do child care. So really we are supposed to tell them right away. Licensing requires a form to be filled out by the landlord and you have to have it on file.

So even if you are having plans to not disclose your info until after you move in you can't do that here. It's a rock and a hard place to be in.

And then let's not even get into how hard the process of moving and licensing is. They want a form filled out and then they give you a new facility number (license number) and cancel your current one but can't do daycare in your current place without a licence for that home and can't do daycare in your new home until they come out and do a walk-through. It does depend on your licensor and I called mine to ask and she said she's willing to work with people and not issue a new facility number until AFTER the walk-through, so there's that at least.
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TwinKristi 02:22 PM 05-28-2014
Originally Posted by MV:
This is true, and legally if you are planning on renting a home or apartment and plan on moving your FCC there you have to give a 30 day notice of INTENT to do child care. So really we are supposed to tell them right away. Licensing requires a form to be filled out by the landlord and you have to have it on file.

So even if you are having plans to not disclose your info until after you move in you can't do that here. It's a rock and a hard place to be in.

And then let's not even get into how hard the process of moving and licensing is. They want a form filled out and then they give you a new facility number (license number) and cancel your current one but can't do daycare in your current place without a licence for that home and can't do daycare in your new home until they come out and do a walk-through. It does depend on your licensor and I called mine to ask and she said she's willing to work with people and not issue a new facility number until AFTER the walk-through, so there's that at least.
I have a daycare provider friend who's moving and from one house to another (not sure on rent or own) but she said she would have no lag time between houses as she has time at the new house before they're out of the old house. I don't know how that works, but she didn't seem to have a problem at all.
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daycare 07:42 PM 05-28-2014
Originally Posted by TwinKristi:
Exactly... Unfortunately there's no protection against this.

Just a little story to share... A girl on my Facebook that I know from another forum who lives here in CA posted about looking for a job but it's so difficult because she needs to make at least $15/hr just to break even after paying for daycare, doesn't include anything else. Finding a job for more than $15/hr is nearly impossible around here, especially as a mom who's been out of the workforce for some time raising children. I thought she did daycare and asked her why she wasn't doing daycare anymore and I guess she was license-exempt and only watching one family but that ended awhile back. I told her to consider getting her license and doing licensed care because it beats paying for daycare when you have so many little ones and need to make $X amount to break even. She said that her landlord won't let her run a business from her home and won't allow her to have a daycare. I replied that that's totally illegal and he can't do that and linked the one posted way up at the top of this page with legal advice about daycare and tentant issues. So she replies that her landlord is a lawyer so he knows what he's talking about... Oh I was LOL I think what she's doing is trying to NOT work and make it impossible to find a job for herself and then she can just SAH. But I wonder how many other people don't realize they're being lied to and illegally denied the right to run a small daycare from their home. It's crazy!!!
This is not true... I have spent the last two days on the phone with fair housing and they, not me are now filing and suing this lady.

they called her on my behalf to try to educate her on the laws in ca about tenant rights. She told them that she was refusing to rent to me becasue of the daycare and so they told her if that is your answer we are going to file aganist you.

It has been one long nightmare and then to top it all off today I have an unannounced inspection. I passed that with flying colors. I can show you proof of what fair housing sent to me about the law. It does not only apply to after you have secured the property.
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craftymissbeth 08:23 PM 05-28-2014
Originally Posted by daycare:
This is not true... I have spent the last two days on the phone with fair housing and they, not me are now filing and suing this lady.

they called her on my behalf to try to educate her on the laws in ca about tenant rights. She told them that she was refusing to rent to me becasue of the daycare and so they told her if that is your answer we are going to file aganist you.

It has been one long nightmare and then to top it all off today I have an unannounced inspection. I passed that with flying colors. I can show you proof of what fair housing sent to me about the law. It does not only apply to after you have secured the property.
That stinks that you have to find another house, but at least fair housing' staking care of this lady.
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