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Daycare Center and Family Home Forum>Landlord Doesn't Want Me To Have A Daycare
Sereetta 06:04 PM 03-04-2013
My landlord after four months of paying rent is now protesting to the fact that I will be operating a home daycare. Prior to this we discussed it before and after signing the lease. He said, " I finally did my research and now know how much extra it will cost me." To say the least I'm extremely pissed. I just had my inspection (I passed!). Now I'm trying to explain to him that I will be purchasing insurance once I have my license and he will be covered. Ugh... Do you guys have any other suggestions? I've invested thousands of dollars thus far I don't want to lose the space.. BTW I am in New York City
Starburst 06:13 PM 03-04-2013
I know in California it is illegal for your landlord/HOA to tell you you cannot open a daycare, charge you more rent, or evict you because you want to open a licensed daycare. However they can limit you from having a large family daycare or reaching your max attendence by not allowing the extra +2 school age children. Look into your state regulations.
Willow 07:42 PM 03-04-2013
Did you get any of your discussion about opening a daycare in writing on your lease? If not unfortunately you may be out of luck.
As far as his comment about how much it's going to cost him, did you happen to ask him what he meant by that? I'd inform him there should be no expense to him (unless there are major renovations involved in which case it would probably be best to find a more move in friendly location).
As far as his comment about how much it's going to cost him, did you happen to ask him what he meant by that? I'd inform him there should be no expense to him (unless there are major renovations involved in which case it would probably be best to find a more move in friendly location).
Sereetta 04:04 AM 03-05-2013
Thanks ladies, unfortunately I didn't get anything written but I did speak to the realtor ,prior to renting, about it and have spoken to him several times since and he is putting it in writing that he told the landlord before renting the place to me. The realtor represents the landlord so I think that will be a plus for me plus the simple fact of a matter that he continued to accept my rent represents compliance.
As far as the cost issue he is referring to utilities because its included in the rent.. I told him if there is a significant increase I have no problem paying an additional amount if he provides me with proof. I am contacting a legal expert who works especially with daycare providers.
I rather solve this amicably but he hasn't returned my phone call or text message so I don't know what will happen. Thanks again for the advice.
As far as the cost issue he is referring to utilities because its included in the rent.. I told him if there is a significant increase I have no problem paying an additional amount if he provides me with proof. I am contacting a legal expert who works especially with daycare providers.
I rather solve this amicably but he hasn't returned my phone call or text message so I don't know what will happen. Thanks again for the advice.
MyAngels 06:13 AM 03-05-2013
Maybe he's thinking about the additional liability that he would have as the property owner. I know the laws are different in every state but in mine the daycare parents could conceivably sue the property owner if anything were to happen to their child while in daycare.
If that's what he's worried about maybe you could agree to carry very high limits on your liability policy.
If that's what he's worried about maybe you could agree to carry very high limits on your liability policy.
Sugar Magnolia 11:36 AM 03-05-2013
His extra cost is in repairs. He is thinking new carpet, paint, repairing things kids break like toilets, faucets, possibly windows and doors, drywall, kitchen cabinet, etc. I own my (separate) home for child care. I have had to replace a toilet, 4 door knobs, floor laminate, a bathroom.faucet, 5 toilet paper holders, repaired drywall, and a broken window. Unfortunately, he owns the house and renters generally have few rights when it comes to using a rented house for business purposes. Sorry about your situation, its very unfortunate.
Unregistered 12:06 PM 03-05-2013
As a daycare provider for 18 years and also a landlord I have to say that any landlord that allows a daycare on his property is absolutely crazy. The liability, the wear and tear, the traffic in and out, the extra utilities - he's nuts. I'm surprised you didn't get anything in writing about this. What a mess - next time you'll know I guess but that doesn't help you much in this situation. I hope it all works out for you.
thatdivalady 05:06 PM 03-05-2013
Wow. I guess I have a different opinion on that due to my experiences. I have two locations where I own one and rent one. Funny thing is, even with the daycare children I keep the houses up better than my landlord's previous tenants who just lived there!
To the OP, it is really unfortunate that you are going through this. I tend to communicate through email regarding things like this if they are not explicitly in the lease. You could also check your lease to see if you will be breaking anything in it.
To the OP, it is really unfortunate that you are going through this. I tend to communicate through email regarding things like this if they are not explicitly in the lease. You could also check your lease to see if you will be breaking anything in it.
Sereetta 05:49 PM 03-05-2013
Okay so he contacted me and wants more money two hundred dollars extra. The wear and tear is not a concern for him because he does not keep the building in good condition. I've had to replace the front door( he had a bedroom door as the front door), install a bedroom door in the bedroom, replace all locks, landscape the backyard, and exterminate. I have been reimbursed for most of these expensive. Because this is my livelihood I am holding myself responsible for up keep of the apartment and he knows this and I have proven this fact.
I see potential in the location or else I would have honestly vacated the place within 30 days if it wasn't located directly across from a school and near two other schools.
I knew it was about the money. I believe he thought the daycare wasn't going to look professional and it does and he saw money sounds. But since I could encounter the same issue at anywhere else I am going to negotiate with him and prayerfully all will be well in the end!
Thank you guys for all your support.
I see potential in the location or else I would have honestly vacated the place within 30 days if it wasn't located directly across from a school and near two other schools.
I knew it was about the money. I believe he thought the daycare wasn't going to look professional and it does and he saw money sounds. But since I could encounter the same issue at anywhere else I am going to negotiate with him and prayerfully all will be well in the end!
Thank you guys for all your support.
momofsix 06:13 PM 03-05-2013
Wow...to me daycare hasn't been any harder on my home than my own children were. Maybe because I can only have 6 dc kids? I have not had to deal with any "extra" costs that I wouldn't expect anyhow.
My first daycare home was in a rental. We paid for our own utilities though so the landlord didn't have those extra costs. Like op, we kept our rental in better condition than anyone else did. We even fixed a lot on our own.
I hope he agrees to let you do it. It would save him the hassle of trying to find someone else to rent the house and be without the rent he knows you've faithfully been paying.
My first daycare home was in a rental. We paid for our own utilities though so the landlord didn't have those extra costs. Like op, we kept our rental in better condition than anyone else did. We even fixed a lot on our own.
I hope he agrees to let you do it. It would save him the hassle of trying to find someone else to rent the house and be without the rent he knows you've faithfully been paying.
JeanK 11:33 AM 01-14-2014
I will be moving out of a home I have rented and operated a small daycare in since September 2011. I have been licensed since 09. My first two years I did daycare in a one bedroom apartment. The great thing was it was in the back and we had exclusive use of a huge yard. The only reason I moved is that a friend offered her home with an even bigger yard. She actually called me and initiated the deal. I should have known it was too good to be true.
My now former friend had a change of heart concerning our low cost rental agreement. She hired a property management company to manage the homes she inherited from her deceased father after realizing she wasn't cut out to be a manager.
When the new manager arrived to take pictures of my home she tried to inform me that the owner only wants me to have 4 children. She is "concerned about the wear and tear on her home."
The funny thing is the manager went on to comment on how immaculate the place was and even said, "I don't know why she would want to get another tenant."
I am a very handy person and so I don't call her to fix anything. Over the two years I managed to remove 6 tree stumps, level out the dirt in the back yard, landscape, patch holes around plumbing where flying roaches were entering, install blinds inside all windows, and keep this home up.
In the end it came down to money. She asked for $500 more and I am not willing to pay it. She will lose an awesome tenant AND a friend.
I will probably be moving in with my Mom to regroup. Trying not to be bitter.
My now former friend had a change of heart concerning our low cost rental agreement. She hired a property management company to manage the homes she inherited from her deceased father after realizing she wasn't cut out to be a manager.
When the new manager arrived to take pictures of my home she tried to inform me that the owner only wants me to have 4 children. She is "concerned about the wear and tear on her home."
The funny thing is the manager went on to comment on how immaculate the place was and even said, "I don't know why she would want to get another tenant."
I am a very handy person and so I don't call her to fix anything. Over the two years I managed to remove 6 tree stumps, level out the dirt in the back yard, landscape, patch holes around plumbing where flying roaches were entering, install blinds inside all windows, and keep this home up.
In the end it came down to money. She asked for $500 more and I am not willing to pay it. She will lose an awesome tenant AND a friend.
I will probably be moving in with my Mom to regroup. Trying not to be bitter.
Unregistered 11:41 AM 01-14-2014
Originally Posted by Sereetta:
My landlord after four months of paying rent is now protesting to the fact that I will be operating a home daycare. Prior to this we discussed it before and after signing the lease. He said, " I finally did my research and now know how much extra it will cost me." To say the least I'm extremely pissed. I just had my inspection (I passed!). Now I'm trying to explain to him that I will be purchasing insurance once I have my license and he will be covered. Ugh... Do you guys have any other suggestions? I've invested thousands of dollars thus far I don't want to lose the space.. BTW I am in New York City
Is it allowable in the lease? If not, I'm not sure any verbal agreement would hold up. You might say "We discussed this before my moving in and being allowed to do daycare, getting your permission, passing inspection, etc...all of this was done as a condition of my signing the lease. If you are saying now I cannot run the daycare, I will have to move out"My landlord after four months of paying rent is now protesting to the fact that I will be operating a home daycare. Prior to this we discussed it before and after signing the lease. He said, " I finally did my research and now know how much extra it will cost me." To say the least I'm extremely pissed. I just had my inspection (I passed!). Now I'm trying to explain to him that I will be purchasing insurance once I have my license and he will be covered. Ugh... Do you guys have any other suggestions? I've invested thousands of dollars thus far I don't want to lose the space.. BTW I am in New York City
Additionally, if the costs he's concerned about have to do with repairs, that makes no sense. YOU would be responsible for said repairs as part of your lease whether or not you run a daycare. Example: Your own child spills RED koolaide on the carpet...you still have to have the carpet cleaned or replaced. So, damages should be outlined in the lease in spite of the actual daycare being run.
As far as liability, you could have him listed as an additional insured on your liability policy (that's what I would be requiring if I were the landlord) and they can request you carry maximum child care liability insurance if they wish.
But all of it should be in writing, or the agreement doesn't exist.
BrooklynM 11:50 AM 01-14-2014
In California the law is very clear- you don't need the landlords permission for up to 6 kids. You only have to inform them you are opening up a daycare 30 days prior. They cannot evict you over it. It's very cut and dry. As for raising rent when leases are up, they can do whatever they like but no because you are operating a daycare.
ihop 12:05 PM 01-14-2014
In Oregon you have to have the owners written permission to even get a basic business license, then provide a copy of the business license to the child care division before they will even consider your application. It is nearly impossible to rent and do daycare around here. Best of luck.
Blackcat31 12:08 PM 01-14-2014
Relevant info, but this thread is almost a year old.
Just in case anyone wanted to know or was quoting or advising the OP.
Just in case anyone wanted to know or was quoting or advising the OP.
daycare 12:36 PM 01-14-2014
Originally Posted by Blackcat31:
Relevant info, but this thread is almost a year old.
Just in case anyone wanted to know or was quoting or advising the OP.
just saw the date.......btw where is willow.........???????????Relevant info, but this thread is almost a year old.
Just in case anyone wanted to know or was quoting or advising the OP.
Blackcat31 12:42 PM 01-14-2014
Originally Posted by daycare:
just saw the date.......btw where is willow.........???????????
She closed her daycare in November. just saw the date.......btw where is willow.........???????????
Laurel 02:03 PM 01-14-2014
Wow, we have to have a landlord's written permission to operate in a rented home or apartment. It is hard to believe that a landlord doesn't have the right to have his property not used to operate a business. I wonder if that includes apartments.
BrooklynM 02:30 PM 01-14-2014
Originally Posted by Laurel:
Wow, we have to have a landlord's written permission to operate in a rented home or apartment. It is hard to believe that a landlord doesn't have the right to have his property not used to operate a business. I wonder if that includes apartments.
In California that includes an apartment as well. Even if your lease says “No businesses” or “No commercial uses,” those provisions areWow, we have to have a landlord's written permission to operate in a rented home or apartment. It is hard to believe that a landlord doesn't have the right to have his property not used to operate a business. I wonder if that includes apartments.
void if the landlord tries to use them to stop you from running a small family child care home of 6 or less kids. In California, family child care is legally considered a residential use of property, not a business use. In addition, a landlord may not limit the hours that care is provided. For example, the provider is free to decide whether or not to provide evening or weekend care.
Unregistered 05:38 PM 09-17-2017
Hello. I am trying to get my insoection complete but my landlord who knew my intentions from the beginning is saying he will not allow access to the top floors where he lives or thr basement for an insoection by the marshall. A friend who is licensed said the city needs to inspect the entire building. I do not want to invest any more money trying to make the apartment compliant if i will not be able to open dur to the landlord. Do they inspect all apartments or jist my space?