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i want to fully disclose my business with the landlord beforehand.
And the LL can refuse your request. And see Post #2. That's basically what posters who have responded are telling you. If you own your own property you can do whatever you want in it, within legal reason. When you rent property, that property belongs to the LL and a LL of a residential home is absolutely entitled to deny you the right to run a business from it - any business. You might consider quietening down and conserving your energy to use for reading rather than going full speed ahead defending yourself.
Oregonwoodsmoke, you sound like a complete ******* and I feel sorry for anyone renting from you. Discrimination based on source of income is ILLEGAL and unless the person in question doesn't qualify their income to rent from you, they can file a discrimination claim against you and you can get in trouble with the law.
Just out of curiosity, where did you read this info? According to Florida Statute §§ 760.20-760.60, their state Fair Housing Act prohibits discrimination based on race, color, national origin, sex, handicap, familial status, or religion. Nowhere does it state anything about income; neither does the Federal Fair Housing Act.
The laws you're referring to are primarily so holders of Section 8 vouchers are not discriminated against, and to wit, the only states with such laws are: California, Connecticut, Washington, DC, Maine, Massachusetts, Minnesota, New Jersey, North Dakota, Oklahoma, Oregon, Utah, Vermont, Wisconsin & Maryland.
You'll notice Florida is nowhere on that list.
Additionally, your original post stated that you will be living in this house, thereby implying that you've already signed a lease. If your lease contains a provision, which is quite common in most leases, that the premises can only be used for residential purposes, then you would absolutely need to get your landlord's permission or they could evict you with cause.
In any event, since you seem to be in Florida, it's not illegal for your landlord to reject your application based on your desire to operate a daycare your landlord may not want on the premises. And if you try to operate one without their express written permission, and they have a clause in their lease protecting them from being forced to allow a commercial business on their premises against their will, then they have just cause to evict you and you can not claim discrimination.
How is a daycare home any different from a family of 5 that homeschools their kids ? Would you discriminate against them too ? It's illegal do discriminate against families.
Your statement makes me think that there is a limit on the amount of people that can live in one apartment based on something like number of bedrooms and or square feet. So if a person has a family of 5, you cant just rent out any ol apartment and then bam, in comes 5 children either of the mother's own offspring, or a day care.
The word "discriminate" reminds me of the way people throw the word racist around. People like to use such words, but really, there are only certain classes of people that can be protected. It is not discrimination to not allow a daycare in an apartment that belongs to the landlord.
I would venture to guess that a landlord HAS the final say so, for whatever reason, even if he just doesn't want to. And owes no one an explanation. If the landlord who owns the place can be forced to have his property used in a way he doesn't want to, as long as he is within the law, that is pretty rude for the tenant to dictate to the landlord/owner of the property that the tenant is now making the rules and will threaten if said rules are not adhered to. Nice example of the tail wagging the dog.
If I were a landlord and I discovered a potential tenant would do such a thing, I'd say No way am i going to rent to him/her just because of this baloney sausage. You as a tenant will not have your daycare dream in MY property. And then the icing on the cake is the tenant is now going to sue me for discrimination because I dont cater to his/her whim. No thanks! Bye!
I hope you understand what I just elaborated on.
I rad an article recently, and not having found it to link for you I did a search related to your topic. I was surprised to find out there are laws that side with tenants at least in some states, as it rlates to having a home day care in a rented apt/home
I think it might surprise others as well. Linked below..several sites. https://www.google.com/search?q=land...sm=93&ie=UTF-8
I rad an article recently, and not having found it to link for you I did a search related to your topic. I was surprised to find out there are laws that side with tenants at least in some states, as it rlates to having a home day care in a rented apt/home
I think it might surprise others as well. Linked below..several sites. https://www.google.com/search?q=land...sm=93&ie=UTF-8
Actually, of the links you provided, all of information saying you cannot discriminate against a daycare provider are all in California. Which doesn't surprise me, because CA is it's own beast entirely. I recommend the OP pack up and move to the West Coast, where she appears to have protection to run her daycare.
my family will be moving into a house later this year and i'd like to do a daycare. i am registered with the state and have undergone all training and have CPR and first-aid. i would be getting liability insurance for my daycare and so that won't be an issue. i'm just not sure if i should mention what i'm thinking to do or if i should wait to give notice of it. any ideas, insights, etc ?
Quote:
Originally Posted by quirkycolors
discreetly means "without drawing attention". it doesn't mean lying. i want to fully disclose my business with the landlord beforehand. many neighbors in areas with daycare providers have no clue of its operation. not all parents are dropping off or picking up at the same time. the likelihood of "15 parents dropping off and picking up" is highly exaggerated. that's not legal for a home in ANY area and that was an illegal provider. totally different from a registered or licensed daycare home.
I am as confused as you are evidently. Why the original question??
You ask for advice, on the original posted question. Then you call a couple folks names that pointed out some of the issues that you could face.
I should think starting with asking your LL if he has rules against his renters running a daycare business out of his home would have been the prudent thing to do...........especially given your other post that talks about how much income you make, and all the accreditation and time you've invested in being a daycare provider.
The links apply to California. That state has a law that makes it illegal for a landlord to prohibit a family day care.
This law is not in effect in Texas, where I live. My HOA forbids any home day care.
The OP is in Florida. Her assertion that, "In fact, a registered daycare home (not a "licensed" home- those have more restrictions) can be in ANY zoning district in the state of Florida" does not mean that her LL may not be entirely within his rights to deny her using his property to run the proposed center. I rather doubt that Florida law is as one-sided in this respect as is the case in CA. Obviously she needs to properly check relevant FL statutes and read what actually applies rather than what she would like to be applied.
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