13 Jun San Diego Property Management, Renters’ Rights
San Diego Property Management, Renters’ Rights
San Diego Property Management companies must have enough knowledge, skills, and ability to uphold and inform their rental property owners about all renters’ rights. Not knowing or being ill informed by your property management company could leave you open and exposed to a lawsuit if any of their rights are denied.
Case & Point: a rental agreement that strictly prohibits running a small daycare out of the rental property is in violation of a California Law. In fact, under the California law, ALL single-family residences, including rental apartments and condos, can be used as a daycare facility because such is not considered a business use of the property.
Any rental property owner who denies this right is in violation of a California law that has been in place for years. Additionally, any rental agreement that has a provision prohibiting the operation of a daycare facility is void against public policy. This is not to say that the rental property owner does not have any rights.
A rental property owner, who learns one of their tenants is operating a family daycare in one of their rental units, is authorized to require that tenant to pay an increased security deposit. Keep in mind; the requested security deposit cannot exceed the maximum permitted by law, which is two month’s rent.
Legal Questions on Answers
Your tenant has the right under California law to run a small family daycare business, denying this right could open you up to a lawsuit. Law was passed to make child care more in residential neighborhoods. Regulations for tenants require 30 days’ notice to landlord, but are not considered grounds to refuse operation.
Owners or property managers must confirm California Department of Social Services has inspected the home for licensing your tenant. This approval allows up to 6 children at a time or 8, if the landlord approves in renting. Additionally it is mandatory that daycare provider carry either (1) liability insurance of $100,000 per occurrence and $300,000 per year or (2) affidavits by all parents acknowledging the lack of insurance. Property owners should be added as an additionally insured party.
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