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  1. #1
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    Running daycare in rental property

    Hi. Im a new dcp in ontario privately run and I am trying to find out if because im renting a house if my landlord can evict me for running a private home daycare? Any comments is much appreciated!

  2. #2
    Expansive... BlueRose's Avatar
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    I rent and run a home daycare. I told them when I was looking at the house and made sure it was added to the lease. If you haven't talked to your landlord about running a home daycare I would. If he says yes go for it, ask him to put it in writing. If he says no, then look into moving. You might even have to close down until you move. A lot of leases have a clause stating you can't run a business out of the home. This doesn't mean that you can't get special permission to run a daycare business out of the rental, it will just be up to your landlord.

  3. #3
    Expansive... babydom's Avatar
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    Yes u can get evicted. U must let the owners know. I rent and run a daycare but I had to let them know as they needed to add insurance to their house to cover themselves as well. It's up to them To say yes or no but u should ask them.

  4. #4
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    I think it is wise to let the owner know before you set your daycare because it is not something that one can hide from the owners when you do set it up - and he would be angry enough to evict you

  5. #5
    Euphoric !
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    Quote Originally Posted by childcare View Post
    Hi. Im a new dcp in ontario privately run and I am trying to find out if because im renting a house if my landlord can evict me for running a private home daycare? Any comments is much appreciated!
    Yes you can be evicted.

    Most landlord renting residential homes are expecting home to be used for residential purposes only. Unless landlord aware and agree to business being operated, you are in breach of lease agreement. Lot of leases go further and detail name of family members expected to be living there day to day.

    Factor into rent amount is general wear and tear on building. For residential home, the amount of wear and tear factor in, based on size of family in the home. If you open daycare, then number of people using the home daily increases and so does the wear and tear on the building.
    The maintenance of this is a cost of the landlord and of course, if more people in the home than they were told, it only fair landlord know about it as it potentially have higher maintenance cost for landlord.

    You must tell landlord and get their permission, in writing to run a day home from their asset. If you don't, you are breaching contract for renting for residential purpose and yes, landlord is entitled have you evicted. Can most likely keep any damage deposit too to cover cost of increased wear and tear he did not agree to when rental was first agreed.

  6. #6
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    Also, think about the liability issues. If a child or parent got hurt on the premises, they could sue you AND the owners. Because, ultimately, the owners are responsible for everything that happens on their property, regardless of whether they know about it or not. If a person trespasses onto your property, and drowns in your pool, you are still liable for that too. Because -you should make sure people can't do that. It wouldn't matter that the person didn't have permission to be on your property. So, you don't own the property, but you've taken it upon yourself to put the owners in a bad position. Their current insurance likely wouldn't cover any claims, because there is an undeclared business happening.

    One thing to keep in mind when dealing with insurance, these companies are under no obligation to make a pay-out on any claim, ever. They can use any reason they want to say that the policy wasn't valid and there is nothing in law to make them pay out. Obviously, they do make pay-outs on claims, because if they never did, no one would pay premiums, that's just psychology.

    An example, a situation where a water heater leaks, ruins the floor. Not a daycare issue, but if the owner makes a claim for repairs, and the insurance company finds out there was a daycare in the house, they absolutely will deny that claim. Even though it is not directly daycare related. Because the policy wouldn't be valid because the business isn't approved by the insurance company.

  7. #7
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    No concrete rule of law to share? Just speculation and supposition?

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