Registered: 1185213627 Posts: 2
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If I rent to someone who will use my home for a day care business, am I liable as the home owner if something happens? Is there any way to assure that I'm released of any liability via the signed lease?
Registered: 1169270040 Posts: 3,814
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"If I rent to someone who will use my home for a day care business, am I liable as the home owner if something happens?" Who do you think those parents will sue, the tenant, or the deep pockets owner? You can bet they will sue you, as the owner, everytime. (Everyone knows the owners are always rich!!! LOL!)
Is there any way to assure that I'm released of any liability via the signed lease? No. There is no way to do this. Even if you require the tenant to have insurance, it does not guarantee that the parent will not come after you too. I don't know where you are in the country as I don't recognize the city name. In some states you can't prohibit the tenant from conducting this type of "public service" business from your property. But if your property is not zoned for business, I'd try to keep them from doing this if you can. (Check for local laws by looking up LL-tenant laws for your state and local statutes for your city.) This is opening up a can of worms as far as liability is concerned. An injured child, a case of neglect, a child molestion charge, there are so many ways they could sue you in this industry. And Lord forbid if a child were seriously injured or died... If you are just now screening applicants, I'd look for a reason to deny these people. Check their criminal history, their credit report, but find something that you can deny them for. I'm all or people opening home daycare centers too, but not on my rental property. If you find out that your state will not allow you to deny permission to do this business, put restrictions on it. Require that they have a city day care license and that they be licensed by the state in early childhood care. Require a first aide certificate, and a large liability policy (that they provide you a copy of). Limit the number of children to the state guidelines and limit the hours of operation to daytime hours only. Anything that restricts their ability within reason.