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Hi
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prettyinpink | Tenant is doing childcare out of house, shouldn't she have gotten permission? |
I just found out that my tenant is doing childcare out of the house I'm renting to her. There's an electrical problem, and I'm having an electrician come fix it, but she says to me she'll deduct her one days pay (from childcare) because she'll lose business that day. I never knew she did this for a living, she told me she went to school and her husband worked. What do you think? I don't think I'm responsible for her pay when she didn't even get permission to do business out of MY home that she's renting. |
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Brian G
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As the landlord, you have every right to know if your tenant is operating a business, especially one that has more people coming onto your property, out of the house. If one of those children should hurt themselves there, you could be sued. You need to find out if she has insurance and licensing for this business.
It would also be illegal for her to deduct the day's pay from her rent. She is renting a residence, not a business location. If she were forced to move into a hotel room while a problem was being fixed, she could deduct a day's rent for each day she was not able to live there (not the cost of the hotel room or any meals out). If she were renting a commercial location, she could deduct the rent for each day she was forced to be closed, not the amount of money she claims she would have made. But she cannot deduct rent for the work she claims you cost her. |
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castzpg
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My grandmother did that for a living and when my family took over her house as she got older they told her she couldn't. Insurance issue. If you own the home she is doing it in, she needed to tell you up front. If anything happened to one of those children in her care, like slip and fall, you'd be sued because you own the home and have the homeowner's policy. Also she needs to be licensed by the state to do daycare. Both ways you should contact a lawyer to see your options. You may be able to get her out of the lease without breaking the law. Be careful. |
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Amanda H
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You're DEFINITELY not responsible for her pay. You're doing what your supposed to-- making every reasonable effort to fix any issues of a HOME renter. No where in the lease did you make accomodations for a business.
If she's not licensed turn her in. If she is, then read the lease carefully and see if there's any mention of a home business.
But dont pay her-- she's being ridiculous. |
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karen p
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In my leases, there is a section that states that the tenant is NOT allowed to run a business out of the unit...do you have something like that in the lease? Even if you don't, it's still a HUGE liability issue for you!! What if one of the children got hurt due to the electrical problem that the tenant doesn't want you to take the time to fix? It would all fall on you, unfortunately. As a landlord, I feel I take enough of a risk...there's no way I'd allow that. Give her a written notice that she needs to stop her business NOW, plus talk to her about it. The whole situation sounds like trouble waiting to happen should one of the kids get hurt. |
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Realtor Jim
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What is in your lease? Does it prohibit your tenant from running a business in the apartment? If there is no prohibition, you may be out of luck.
Has she licensed the day care operation? Most municipalities require it. I'd check into it. If she's in violation of law, the city/county will shut her down right away.
I agree with the other writer. She probably does not have any right to deduct a days rent for 'loss of wages' since she's probably not operating within the law anyway but you need to verify this.
Check with an attorney to verify the above information |
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MLaw
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If she is running an unlicensed child care business out of your house she is (a) exposing you to liability (b) increasing the amount of wear & tear on the property & (c) undoubtedly violating your residential lease. |
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kam
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No, check your lease that she signed. You don't owe her lost wages. It probably states something in there about payment in full. If she short pays then inform her that you will proceed to have her removed. If she is running a daycare out of your apartment/house, then where is her insurance; is she licensed by the state? You agreed to lease to her and her family a home, not a place to run their business. Also, check to make sure that if something were to happen you are not going to be the one that they come after. |
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kittyrogers
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I would imagine she has violated the terms of her lease with you (which I hope is in writing), as tenants are usually NOT allowed to run that type of a business out of a rental property. In addition, most states now require her to be licensed to provide this service, and can come back and SUE YOU if something happens. In addition, she cannot dictate to you that she will be deducting any money from her rent as you have every right to have an electrician come in and do work. Dear, you need to develop a BACKBONE and either (A) Evict this user of a tenant if she has violated a written lease, or (B) send her a certified letter telling her in no uncertain terms that you will no longer tolerate her dictating to you, or running a business out of YOUR property. If she doesn't sign for the letter, it doesn't matter, as you have attempted contact. I would NOT renew her lease and I would find any way possible to get her the hell out of your property! |
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go_lc_bears
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I would agree with you, and I'm sure the law would also. If she deducts any money from the rent she owes you, charge her a late fee. |
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S C
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Check your lease agreement and the local county government laws. First, does she have a license to run a business from her residence? Second, does your lease agreement with her permit her to run a business from the residence? Third, does the local government (County?) require child care providers to register/license? Fourth, does the lease agreement stipulate you owe her lost wages when repairs interfere with her business? I agree with the other writer that you could easily be held liable for a child’s injuries if you were aware of the business and didn’t have all the insurance issues cleared. Find out what she’s “allowed” to do by county law and the lease agreement, then stick firm on what you’ll allow. Good Luck! |
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LT
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Who owns the property? Children can and will do damage to the property, not necessarily on purpose and who will pay for that? If one of them gets hurt who will pay for that? I don’t think I’d worry much about permission, just tell her the children go or she goes. You’re the one who could/will pay in the long run. One thing for sure you are not responsible for her pay.
I don’t know what state you are in, but there can be some strict rules about daycare and what she is doing may not be legal. |
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charlotte q
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YOU NEED A LAWYER TO EVICT ASAP!
If any of those children get hurt you will be sued!!!
In the meantime, insist that she obtain TENANT LIABILITY
INSURANCE. that way she will be sued and not you.
I would also inform the parents of the children that she has no permission to do daycare there but talk to a lawyer first! |
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aussie_one
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I would say that she would need permission, so I suggest speak to her about to find out why she lied to you about what she does for a living. |
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