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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.
Zoning laws are much more relaxed than everyone thinks. A daycare HOME does not change the nature of the property to commercial. It's still residential in nature. R-1A and R1-AA are both zoning codes suitable for daycare homes. 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.
Additionally, I am a registered daycare home provider- a health and safety checklist is all that has to be done to meet the "standards" of the building. You're thinking of being a "licensed" daycare home, which has much stricter rules, a higher annual fee, and also an on-site 2x a year inspection.
Liability insurance isn't that expensive, either ($30-$80/month) and is easily affordable with the rates I charge and I can even include the LL in the policy to protect them as well. I would be earning $3440 gross a month doing daycare for 5 children.
Have you even LOOKED INTO any of the claims you make of liability, zoning, proper requirements for the home, etc ? Sounds to me like you're blowing smoke and talking a whole lotta nothing because I know the facts. I know my rights as a daycare provider and also know what is the truth and what is propegated myth. How is me running a daycare any different from me being a stay-at-home mom/homeschooler with 5-6 kids ? If you're thinking a daycare CENTER is the same as a daycare HOME then you still have a lot of reading/learning to do.
If the landlord does not allow any business operation out of the property, that's all you need to know. ANY business includes home day care.
Your children are YOUR children. Are you going to sue yourself when one of your own children get hurt because you turned your back for a minute?
The children you are bringing in to/on to the property to be paid to watch are NOT your children and therefore you have a much larger liability, as does the LL.
A "Family Day Care Home" still has quite a few regulations that need to be followed. Not enough, in my opinion:
See in the link provided directly above the #1 ISSUE that should be considered:
So again, and as you have been told numerous times, tell your LL and get permission.
And just because the Landlord agrees doesn't mean they can still open a daycare.......the next step is city and/or county approval and if they say no...it's no.
Here's the statute reference for those in California...
Under California law, ALL single family residences, including rental apartments and condominiums, can be used as a daycare facility because such is NOT considered a "business use of the property." California Health & Safety Code § Section 1597.43(a).
This right cannot be restricted by a condominium HOA or a landlord. In fact, any lease provision prohibiting the operation of a daycare facility is void as against public policy
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