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  1. #1

    Daycare in rented apartment

    I am thinking of opening a daycare in Toronto, but I am a renter, not a home owner. Our apartment is not big enough, so I would like to rent another one (in an apartment building) and use it for running a day care. Not sure if this is legal though, so I checked Toronto city bylaws, but these are quite hazy and do not provide a definitive answer. I was wondering if I am allowed to run a day care out of a rented apartment in an apartment building.
    Thanks for any information that you can share.
    Jane

  2. #2
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    Hi, it really depends if you run it as a homedaycare with only five children if you're private or six if you're with an agency, it would be ok. If you're planning a larger number of kids then it won't work, then you'll have to apply for different permits etc, and look for commercial zoning buildings.

    A friend of mine opened in a duplex she leased the main floor and had access.to a back yard, and she operated as a small daycare for many years but only with five kids.

    Another friend still open she rents in a triplex, she took the basement bachelor apartment for her daycare and the main floor for her family and she has full use of the back yard. I think renting an apartment in a building will also work but, you must analize and use common sense, ex. When I started I was also planning to do so, renting an apartment so I looked basically the main floors with easy access, not balconies, also it had to be close to emergency door ways, one bedroom or a.bachelor would had worked great and big windows, and parks close by. Also I had to look convenient parking spots for parents (especially during winter) or look and search for buildings that have families in need of childcare. I did a test run in few building in my area I did a poster and all my inf. Posted in the main entrances and laundry areas and I was able to determine which building had more families. I had everything ready to start, location, furniture etc. But then we had move my husband's work transferred him to another city and we left.

    By the way, the Toronto city by laws won't gI've you much of a guidance in the daycare subject, search in the ontario ministry of education websites, and try to become familiar with all the regulations to open a homedaycare or a centre. You can also call them and ask. Good.luck.

  3. #3
    Quote Originally Posted by Peacefulbird View Post
    Hi, it really depends if you run it as a homedaycare with only five children if you're private or six if you're with an agency, it would be ok. If you're planning a larger number of kids then it won't work, then you'll have to apply for different permits etc, and look for commercial zoning buildings.

    A friend of mine opened in a duplex she leased the main floor and had access.to a back yard, and she operated as a small daycare for many years but only with five kids.

    Another friend still open she rents in a triplex, she took the basement bachelor apartment for her daycare and the main floor for her family and she has full use of the back yard. I think renting an apartment in a building will also work but, you must analize and use common sense, ex. When I started I was also planning to do so, renting an apartment so I looked basically the main floors with easy access, not balconies, also it had to be close to emergency door ways, one bedroom or a.bachelor would had worked great and big windows, and parks close by. Also I had to look convenient parking spots for parents (especially during winter) or look and search for buildings that have families in need of childcare. I did a test run in few building in my area I did a poster and all my inf. Posted in the main entrances and laundry areas and I was able to determine which building had more families. I had everything ready to start, location, furniture etc. But then we had move my husband's work transferred him to another city and we left.

    By the way, the Toronto city by laws won't gI've you much of a guidance in the daycare subject, search in the ontario ministry of education websites, and try to become familiar with all the regulations to open a homedaycare or a centre. You can also call them and ask. Good.luck.
    Thanks a lot for a detailed reply. Yes, I only plan to care for 5 kids, but I am going to rent an apartment entirely for the purposes of running a daycare, and I do not intend to live there myself. In the examples that I know and that you quoted daycare owners actually lived in parts of rented premises using other parts as daycare. This is where my case is going to be different, and I just wanted to check if anyone had such experience in the past. Also, thanks for referring me to provincial legislation, I will check it out as well.

  4. #4
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    This came up at a local CCPRN daycare tax workshop with an accountant. I don't remember the EXACT details but essentially you NEED to live in the daycare to be a home daycare. If you don't live onsite you are not self employed in a home business, but rather are running an out of home business with very different rules. Something like that.

    I would strongly suggest finding an accountant or calling CRA. I don't believe it is allowed.

  5. #5
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    Quote Originally Posted by Dcare View Post
    Thanks a lot for a detailed reply. Yes, I only plan to care for 5 kids, but I am going to rent an apartment entirely for the purposes of running a daycare, and I do not intend to live there myself. In the examples that I know and that you quoted daycare owners actually lived in parts of rented premises using other parts as daycare. This is where my case is going to be different, and I just wanted to check if anyone had such experience in the past. Also, thanks for referring me to provincial legislation, I will check it out as well.
    There were clients that I interviewed, but didn't have space for, so they've gone with someone doing just what you're talking about to bridge the gap. She's got a full apartment just for the daycare...above a restaurant I think. I'm assuming it's legal and can't imagine why it wouldn't be so long as you adhere to CCEYA regulations. I'm not sure how much profit there would be considering rent, insurance, etc, though. Most of us do it in our homes to cut out extra overhead. This isn't really a moneymaking business. But if you've figured it out so it works for you, that's great!

  6. #6
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    In terms of your provincial regs, it might be allowed. I know here, it's not. The requirement for a HOME daycare is that it's the primary residence of the person running it. That will also be true for CRA I expect. You are meant to claim a percentage of your bills for the business as the rest is personal use. If you rent a separate unit for the business, then you'd be claiming 100% of your power and light and rent as a business cost. I would check with a tax professional since that certainly doesn't fit with the jobcode of working from home and those permitted expenses.

  7. #7
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    I absolutely agree with the ladies above, but also the reason that is called homedaycare is that the environment resembles a "home" not run like a centre. Ex. One caregiver that cares for the children and bondes with them, activities that you do with your own children, flexibility like in your own home, etc.

    A current apartment is operating close to my home and is estrictly used for the daycare, they also got licensing through an agency so they could keep six children and two caregivers, it works great obviously they have to pay rent but, it gives them more flexibility to operate, they have a full day group and they also have services as weekends drop off (no more than six) and night out parents program (once or twice a month). They're two hard working women. Their expenses and rent are all 100% deducted from their taxes.

    I had asked to my accountant what happens if I register the name of my daycare as "business"; she said I will have to present bills that will be charged to my business 100% in my case my groceries but if I had to rent an apartment then will have to be the rent and all services too.

    I honestly do not think it is illegal to operate in an apartment that will be absolutely dedicated to children rather than in a small place shared with a family. I know it would cost more to cover your expenses but also it is convenient. Anyway, even in my case I have been looking to operate my daycare out of my house for the winter months. I still looking and my accountant said it can be deducted from my taxes.

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