Landlords cannot prohibit tenants from operating licensed family child care homes or evict tenants who operate them. While tenants must notify landlords of family child care operations, no additional permission is required. Family child care is considered a residential, not business, use. Landlords' concerns about insurance, costs, or noise are addressed by law protecting tenants' right to provide family child care.
California q&a regarding_family_daycare_for_landlords
1. Questions & Answers About Family Child Care
FOR CALIFORNIA LANDLORDS
1. Does a tenant have to tell a landlord prohibit a tenant from operating a
that he or she is doing family child licensed family child care program in a
care? rental unit or to attempt to evict a tenant
Yes, a tenant is required to give the landlord who tries to do so.6
notice of the operation or the intended
operation of family child care on the While a landlord may have some questions
premises.1 and concerns about the effect of operating a
family child care home on the property, none
2. Does a tenant need permission from a of these concerns can legally justify requiring
landlord to do family child care? the tenant to terminate the family child care
No, not if the tenant is caring for 6 children program. The following questions and
in a small family child care home or 12 answers address some of the difficulties
children in a large family child care home.2 encountered between landlords and tenants
California law explicitly allows a tenant licensed who are family child care providers, and offer
as a small family child care provider to care some suggestions on how to handle some of
for up to 6 children and a large family child the more common conflicts and concerns.
care provider to care for up to 12 (including
her own children under the age of ten) without 4. Is the operation of a family child care
the permission of the landlord.3 home a “business” use of property?
No. California state law requires that a
But if a tenant wants to exercise her plus two licensed family child care provider care for
option – which allows a small family day care children in his or her own home.7 There is no
provider to care for 8 children4 and a large requirement, however, that a provider own
family day care provider to care for 145, if the the home to get a license.8 Another law, also
2 additional children are school-age – the found in the Health and Safety Code,
tenant would have to get the landlord’s prohibits any restrictions or conditions that
permission. For example, a landlord can limit the use of a residence as a family child
choose whether or not to permit the care home.9 Even if a rental agreement or
expansion of a small family child care home lease says the apartment or home is to be used
from 6 to 8 children, but not whether the only as a residence, that statement cannot be
tenant can provide child care for up to 6 used to prohibit family child care. In
children. California, family child care is legally
considered a residential use of property, not a
3. Can a landlord prohibit family child business use.10 Thus, if a lease or rental
care in a tenant’s home? agreement says that the apartment or home
No. Some landlords may tell their tenants that cannot be used as a place of business, that
family child care is not permitted on the statement cannot be used to prohibit licensed
property. However, landlords have no family child care.
authority to do this in California. It is illegal
in California for a landlord to try to
Copyright Child Care Law Center, 2009. Not to be reproduced without permission. Please call for
permission at (415) 394-7144.