Figuring out how to work with your landlord is a very confusing and tricky proposition for folks starting their own child care in their home. Interestingly enough – it’s actually pretty simple. In California, a landlord cannot stop you from starting a child care in a home you rent or lease. A Homeowners Association (HOA) cannot stop you from starting a family child care in a condo you own, or a home that you own within a community. This is because the State of California wants to encourage individuals to start family child care homes. They benefit communities and neighbors, and landlords tend to overestimate the issues associated with an in-home preschool in the community.
Let’s break down the common questions we receive below.
- Do I need permission from a landlord to start a family child care home? No, you do not. See section b in the law here: http://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-1597-40.html
- Do I need to notify my landlord if I start a family child care home? Yes, you do. They do not have to agree, they just need to be notified. See section d in the law here: http://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-1597-40.html
- Can I be evicted if I start a family child care home and my landlord is upset? No, you cannot. It is illegal to do so.
- Can a landlord increase my rent because I’ve started a family child care home? No, they can’t. That would be against the Fair Housing and Employment Act. All rent increases must be within the local law.
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