Legal Question in Real Estate Law in California

Tenant wants to open a day care in the apartment. What is the law on this?

Tenant wants to open a day care in the apartment. We obviously do not want this to happen in the apartment we own. What is the ruling on this and what are our options? Thank you.


Asked on 1/29/00, 5:14 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Tenant wants to open a day care in the apartment. What is the law on this?

Operating a day care facility is not a normal use of residential property. You can tell the tenant that you do not want a day care operated in the apartment, or that that rent will be increased to cover the extra wear and tear on the apartment. This rent increase could be substantial.

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Answered on 2/01/00, 2:47 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Tenant wants to open a day care in the apartment. What is the law on this?

You can go even further. I do not recommend allowing them to use it as a daycare center at all because of the liability risk to you if a child is hurt. Tell them the unit was rented as a residence and not a business and if the try to open a business there you will evict them.

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Answered on 2/01/00, 4:36 pm
Jeffrey P. Widman Law Offices

Re: Tenant wants to open a day care in the apartment. What is the law on this?

The tenant needs a license from the state to operate a day-care center. You should demand proof of the license. If the tenant lacks one, you have grounds to evict due to an illegal use. I question whether an apartment is suitable for a day-care center under the zoning.

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Answered on 1/31/00, 10:11 pm


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