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Daycare Center and Family Home Forum>Mass Family Child Care Laws ???
themessyowlsdaycare 05:00 PM 09-24-2015
I just recently became licensed as a FCC Provider. I opened my daycare on 9/8 and also purchased daycare insurance. I informed my landlord that I would be opening a daycare. He has was given all documents (parent handbooks, contracts, licenses and etc) along with being added to the policy as am a renter.

My landlord after months of knowing and being provided all documents, he decided that he was not going to allow the daycare after saying "yes, as long as I had got the insurance". He claims that his home owners insurance threaten to cancel his insurance, umm not sure about that as my research shows they can't cancel but they could not let you renew. He is very concerned about liability and my families going after him and of course him loosing all he has worked for, which is respected.

I am wondering if anyone knows laws that protect family child providers and renters from having a business in their home. I am so hurt that he waited after I opened for business to make me shut down because it was not fitting for him.
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NillaWafers 05:53 PM 09-24-2015
I thought I read that CA was one of the only states that actually says your landlord cannot say "no" to running a home daycare in a rental property. Unfortunately, if MA says that the landlord can say no, you have no ground to stand on. I can understand your anger though, as he had the entire licensing process to change his mind
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Second Home 04:32 AM 09-25-2015
My homeowners insurance did cancel my policy and all I did was call and ask if they covered a home daycare .Instead of getting my quarterly bill I got a termination notice .
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littletots 08:25 AM 09-25-2015
Both you ladies totally got the short end of the stick. I know there are even homeowner associations that don't allow business out of your home. The messyowldaycare maybe your landlord was waiting on reply from his insurance or was trying to find a work around.
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Annalee 10:44 AM 09-25-2015
Originally Posted by Second Home:
My homeowners insurance did cancel my policy and all I did was call and ask if they covered a home daycare .Instead of getting my quarterly bill I got a termination notice .
I have to sign an exclusion to my homeowners insurance that I understand it will not cover daycare issues....I have separate Daycare insurance for my daycare. I have heard of what happened to you happening to my neighboring county home daycares. Insurance coverage is a big deal here as well!
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e.j. 03:21 PM 09-25-2015
Originally Posted by themessyowlsdaycare:
I just recently became licensed as a FCC Provider. I opened my daycare on 9/8 and also purchased daycare insurance. I informed my landlord that I would be opening a daycare. He has was given all documents (parent handbooks, contracts, licenses and etc) along with being added to the policy as am a renter.

My landlord after months of knowing and being provided all documents, he decided that he was not going to allow the daycare after saying "yes, as long as I had got the insurance". He claims that his home owners insurance threaten to cancel his insurance, umm not sure about that as my research shows they can't cancel but they could not let you renew. He is very concerned about liability and my families going after him and of course him loosing all he has worked for, which is respected.

I am wondering if anyone knows laws that protect family child providers and renters from having a business in their home. I am so hurt that he waited after I opened for business to make me shut down because it was not fitting for him.
I found this and I'm sorry but it isn't what you want to hear: http://www.malawforum.com/content/te...apartment-unit

It's unfortunate he initially told you you could run a child care business out of the apartment. It sounds like he didn't fully realize the legal and insurance ramifications of allowing you to operate a child care on his property. I can imagine how disappointed and upset you must be after jumping through all the hoops you have to in order to get licensed but I can also understand why he would not want to lose his insurance either. I've heard stories of so many providers who have lost their coverage because they run a child care business out of their home. He may have used the wrong verbiage but he's right to be concerned that his insurance company will refuse to renew even if they can't cancel him right away. (I'm not sure what the law says about that.) I know my own insurance agent called me to say my last property insurance company wouldn't continue to cover me so he had to find one that would. It wasn't an easy job. Anyway..I'm sorry you're going through this.
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themessyowlsdaycare 06:39 PM 09-25-2015
Massachusetts has to be the most difficult state to get correct information. Although insurance is a big deal they are ways to handle business matters. He is in his right to decline a home business, but my issue is he never said no and I have already invested in the business. So I am loosing tons of money so now my question is how am I going to be compensated for loss due to his lack of communication/changing his mind after saying "yes".
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themessyowlsdaycare 06:43 PM 09-25-2015
In addition, it is not in my lease that am not allowed to have a home business.
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e.j. 07:32 PM 09-25-2015
Originally Posted by themessyowlsdaycare:
In addition, it is not in my lease that am not allowed to have a home business.
According to the info in the link I posted, it says, "Most leases and rental agreements prohibit tenants from operating a business, but even in the absence of such a clause, you have no obligation to allow a business." so it doesn't sound as though your lease will help you in that respect. If you feel strongly about the situation, you could consult with a lawyer to see if there is any way to recoup the money you've spent based on the landlord's initial okay.
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Unregistered 12:58 PM 10-26-2015
the legality of no business run out of the home is for commercial businesses. A home daycare is zoned differently and a whole different story.
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Blackcat31 02:06 PM 10-26-2015
Originally Posted by Unregistered:
the legality of no business run out of the home is for commercial businesses. A home daycare is zoned differently and a whole different story.
Not sure where you got your info but a home daycare IS a business.
Just ask the IRS


Also in most state's the landlord CAN deny tenants the ability to operate a child care from their property.
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Tags:landlord, massachusetts
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