Child Care Law Center

Advocating for Children Since 1980

Know the Law about Family Child
Care Homes in California Rental Properties

This publication is intended to provide general information about the topic covered.

It is made available with the understanding that the Child Care Law Center is not engaged in rendering legal or other professional advice. We believe it is current as of July 2024, but the law changes often. If you need legal advice, you should consult an attorney who can specifically advise or represent you.

English

Rules Renters Must Know

Can renters provide child care in their home?

Yes. Renters and members of homeowner associations can provide family child care (home-based child care) from their homes.[i]

You can provide care for

  • Up to 6 children with a small family child care license, or
  • Up to 12 children with a large family child care license.[ii]

Endnotes:                       

[i] Cal. Health & Safety Code § 1597.41(a)-(c).

[ii] Cal. Health & Safety Code § 1596.78(a)-(d).

What if my landlord says my rental agreement does not allow family child care homes?

Yes. You may operate a family child care home while living in all types of residential homes:

  • Single-family home
  • Apartment
  • Condominium
  • Townhome
  • Duplex
  • A unit in all other types of multi-family buildings[i]

If you are renting/leasing a unit in an apartment building or other type of multifamily dwelling, your landlord cannot stop you from opening or running a family child care home just because you live in one of these types of homes.[ii] This is true even if your rental agreement/lease says “no businesses” or “no commercial uses.” In California, a family child care home is a residential use of property. It is not considered a business or commercial use for renting/leasing purposes.[i]

[i] Cal. Health & Safety Code § 1597.43(a) (“Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses.”)

[i] Cal. Health & Safety Code § 1596.78(d).

[ii] Cal. Health & Safety Code § 1597.41(a)-(c).

If your rental or “lease” agreement says you cannot

  • provide child care at home, or
  • have a business or commercial activity in your home –

you can ignore those parts of your lease because they do not apply to family child care homes.[i]

If you have a family child care license, you can provide child care from your

  • Single-family home or duplex;
  • Apartment, condominium, townhome; or
  • Residential rental unit within other types of multi-family buildings.[ii]

Under California law, you can have a licensed family child care home in your rental home. This is because – legally – family child care is not a “business” or “commercial” use of property.[iii]

[i] Cal. Health & Safety Code § 1597.41(a)-(c).

[ii] Cal. Health & Safety Code § 1597.43(a).

[iii] Cal. Health & Safety Code § 1597.43(a).

Can my landlord evict me because of my family child care home?

No. It is illegal for your landlord to evict you just because you have or plan to have a licensed family child care home.[i]

But your landlord can evict you for other legal reasons, like not paying rent on time or damaging the property. You still need to follow all other rules in your lease.

[i] Cal. Health & Safety Code § 1597.41(a)-(c), Cal. Civil Code § 1942.5(a) (An eviction or threat of eviction in retaliation for a renter’s lawful and peaceable exercise of any legal right is a violation of law).

What if my landlord evicts me for a different reason, but the real reason is my family child care home?

It is illegal for your landlord to evict you for other reasons if the real reason is that you have a licensed family child care home.

If this happens:

  • Save copies of all letters, notes, and notices from your landlord or other person in charge of your rental home.
  • Keep written notes about all conversations with your landlord. Write down the dates and places of these conversations.
Can a landlord refuse to rent to me because I plan to have a family child care home?

No. It is illegal for a landlord to refuse to rent to you because you have or plan to have a licensed family child care home.[i]

[i] Cal. Health & Safety Code § 1597.41(a)-(d).

Do I have to tell my landlord that I am a family child care provider?

Yes. You must tell your landlord in writing that you plan to provide licensed family child care in the home.[i]

Send your landlord a copy of the Property Owner/Landlord Notification Family Child Care Home form (LIC 9151).

Find Form LIC 9151 on Community Care Licensing Division’s website:

[i] Cal. Health & Safety Code § 1597.41(d)(1). (An applicant for a family child care home license must certify under penalty of perjury that they have given notice to their landlord. See “Application For A Family Child Care Home License (LIC 279)”: http://www.cdss.ca.gov/cdssweb/entres/forms/English/LIC279.pdf).

When should I tell my landlord that I am a family child care provider?

Yes. If you have a small family child care home, you can care for up to 8 children if you meet all of these requirements: 

  • Your landlord has signed the Property Owner/Landlord Consent Form (LIC 9149), giving you permission to care for more than 6 children and up to 8 children;
  • The additional 2 children must be enrolled and attending T-Kindergarten, kindergarten, or elementary school, and at least 1 of them must be at least 6 years old;
  • No more than 2 infants are in your care when more than 6 children are present; and, 
  • You told the families of all the children enrolled in your program that you are going to care for the additional 2 school-age children. The Parent Notification – Additional Children in Care Form (LIC 9150) must be signed by the parent or guardian of each child and filed in each enrolled child’s licensing file.[i]

The form for your landlord giving you permission to care for more than 6 and up to 8 children, is available at: https://www.cdss.ca.gov/cdssweb/entres/forms/English/LIC9149.pdf.

If your landlord does not give you permission, you can still care for up to 6 children in your small family child care home without this permission. You can also get a license to run a large family child care home and care for up to 12 children without your landlord’s permission.

[i] Cal. Health & Safety Code § 1597.44.

Limits on Children You Care For

Can renters care for more than 6 children in their small family child care home?

Maybe. If you are a small family child care provider, you may care for up to 8 children if these requirements are met:

  • Your landlord signs the Property Owner/Landlord Consent Form (LIC 9149) and checks the box that says you care for more than 6 and up to 8 children;
  • The 2 additional children must be:
    • Attending Transitional Kindergarten, Kindergarten, or elementary school, and
    • 1 or both children must be at least 6 years old;
  • When you care for more than 6 children, you must not care for more than 2 infants at the same time; and
  • You notify the families of all the children in your care that you are going to add 1 or 2 more school-age children.[i]

Use this form to notify the families: Parent Notification – Additional Children in Care Form (LIC 9150). You complete the top part; the parent or guardian fills out the bottom part.

Find the Property Owner/Landlord Consent Form (LIC 9149) on Community Care Licensing Division’s website:

[i] Cal. Health & Safety Code § 1597.44(a)-(d).

What if my landlord says I cannot care for more than 6 children in my small family child care home?

You have 2 options:

  1. Limit the number of children you care for to 6, or
  2. Get a license to run a large family child care home. This option allows you to care for up to 12 children without your landlord’s permission.
Can renters care for more than 12 children in their large family child care home?

Maybe. If you are a large family child care provider, you can care for up to 14 children if all these requirements are met:

  • Your landlord signs the Property Owner/Landlord Consent Form (LIC 9149) and checks the box that says you care for more than 12 and up to 14 children;
  • The 2 additional children must be:
    • Attending Transitional Kindergarten, Kindergarten, or elementary school, and
    • 1 or both children must be at least 6 years old;
  • When you care for more than 12 children, you must not care for more than 3 infants at the same time; and
  • You notify the families of all the children in your care that you are going to add 1 or 2 more school-age children.[i]

Use this form to notify the families: Parent Notification – Additional Children in Care Form (LIC 9150). You complete the top part; the parent or guardian fills out the bottom part.

Find the Property Owner/Landlord Consent Form (LIC 9149) on Community Care Licensing Division’s website:

[i] Cal. Health & Safety Code § 1597.465(a)-(d).

What if my landlord says I cannot care for more than 12 children in my large family child care home?

You can limit the number of children you care for to 12, without your landlord’s permission.

Can my landlord tell me what days and hours I can run my family child care home?

No. Landlords cannot restrict or set the days and hours of your licensed family child care home.[i] You may choose any hours, including day, evening, and weekends.

But you must follow the rules in your rental agreement, such as paying your rent on time.

[i] Cal. Health & Safety Code § 1597.41(a)-(c).

Insurance and Money Issues

Can my landlord raise my rent because of my family child care home?

No. Landlords cannot raise your rent just because you have a licensed family child care home.[i]

But landlords can raise your rent for other reasons, as long as they follow state and local rent control laws.

[i] Cal. Health & Safety Code § 1597.41(b)-(c).

Can landlords demand a larger security deposit because of my family child care home?

Yes. A landlord can increase your security deposit because you run a licensed family child care home. They can do this when you first start renting, or when they find out you have a family child care home.[i]

But landlords cannot charge you more than:

  • 2 months’ rent for an unfurnished unit, or
  • 3 months’ rent for a furnished unit.[ii]

Starting July 1, 2024, landlords can only charge renters a security deposit equal to 1 month’s rent, for both unfurnished and furnished units.[iii]

Landlords can make family child care providers pay the maximum security deposit – even if other renters pay less than the maximum.

[i] Cal. Health & Safety Code § 1597.41(d)(4).

[ii] Cal. Civil Code § 1950.5(c).

[iii] Cal. Civil Code § 1950.5(c).

Do I have to get child care liability insurance to have a family child care home?

No. The law does not require child care liability insurance for a family child care home.[i]

But if you do not get liability insurance, all families in your program must sign the Affidavit Regarding Liability Insurance for Family Child Care Homes (LIC 282).[ii] This form says they know:

  • You don’t have liability insurance, and
  • Your landlord’s insurance does not cover child care-related claims.[iii]

You must keep the signed LIC 282 forms in each child’s file.

Warning! These are private documents. You may share them with Community Care Licensing, but do not show or give them to your landlord.

[i] Cal. Health & Safety Code § 1597.531(a).

[ii] Cal. Health & Safety Code § 1597.531(a).

[iii] Cal. Health & Safety Code § 1597.531(a).

Can landlords demand renters get child care liability insurance?

No. Your landlord cannot demand you get child care liability insurance. It is illegal for a landlord to tell you how to run your licensed family child care home.[i]

[i] Cal. Health & Safety Code § 1597.41.

What if my landlord says their homeowners insurance could get canceled or not renewed because of my family child care home?

It is illegal for insurance companies to cancel or refuse to renew a homeowners insurance policy just because a licensed family child care home is on the property.[i] Tell your landlord about this law.

[i] Cal. Health & Safety Code § 1597.41(a)-(c); Cal. Ins. Code §§ 676 (family child care homes are not listed as a permissible reason to cancel an insurance policy), 676.1 (stating that insurance companies cannot arbitrarily fail to renew a policy because the policyholder has a family child care home and homeowner’s insurance policies cannot cover liability arising out of or in connection with a family child care home), 679.74 (prohibiting insurance companies from canceling or refusing an application of residential policy based on source of income).

Can I get child care liability insurance if I want to?

Yes. In fact, the Child Care Law Center strongly recommends you get liability insurance because:

  • Form LIC 282 does not protect you from being sued. It only means the parent or guardian knows you do not have liability insurance.
  • A landlord’s homeowners insurance policy will not cover claims related to family child care homes.[i]

[i] Cal. Ins. Code § 676.1(c). (“It shall be against public policy for a residential property insurance policy to provide coverage for liability for losses arising out of, or in connection with, the operation of a family day care home. This coverage shall only be provided by a separate endorsement or insurance policy for which premiums have been assessed and collected.”).

Can my landlord or Homeowner Association (HOA) demand that I add them to my child care liability policy?

Yes, but only if all these conditions are met:

  • You already have or are getting child care liability insurance;
  • Your landlord or HOA asks in writing to be added to your policy;
  • Your policy will not be canceled if you add your landlord or HOA; and
  • Your landlord or HOA will pay any extra cost to add them to your policy.[i]

[i] Cal. Health & Safety Code § 1597.531(b). (These same liability insurance rules apply when a family child care home is operating on premises which share common space that is governed by a homeowner association).

Working with Landlords and Neighbors

What if my landlord tries to evict me or raise my rent because I have a family child care home?

It is illegal for your landlord to evict you or raise your rent just because you have or plan to have a licensed family child care home.[i]

If this happens to you:

Warning! If you miss the deadline to respond to an eviction, you may lose your case.

[i] Cal. Health & Safety Code § 1597.41(a)-(c), Cal. Civil Code § 1942.5(a) (An eviction or threat of eviction in retaliation for a renter’s lawful and peaceable exercise of any legal right is a violation of law).

What if my landlord interferes with my family child care home or tries to make me close down?

You have rights. A landlord is not allowed to tell you how to run your family child care home or try to close you down.

If this happens, you should contact us right away.

Child Care Law Center www.childcarelaw.org/help, 415-558-8005 extension 1.

How can I build good relationships with my landlord and neighbors?

Some landlords or neighbors may think you are running a child care center, not a family child care home. You can explain that:

  • Family child care providers must keep their homes clean and safe while running their child care. This tends to make them very good renters.
  • Family child care providers offer an important and much-needed service to local families.
  • Family child care homes care for a limited number of children.
  • Family child care providers are the eyes and ears of the neighborhood.
  • Community Care Licensing monitors family child care homes and makes a surprise visit to inspect family child care homes once a year. 

Tell your landlord you will:

  • Limit the wear and tear on your rental home and they can use your security deposit to cover any excessive wear and tear when you move out;
  • Keep the number of children within the legal limits of your license;
  • Respect noise concerns, for example keeping the children indoors in the early morning and late evening;
  • Will not cause extra traffic because you will only care for a limited number of children, and drop-off/pick-up times are usually staggered;
  • Do your best to conserve water and energy; and
  • Never leave the children alone. This is a rule you must follow to keep your license.[i]

[i] Cal. Health & Safety Code § 1596.78.

Where can I find legal help for family child care providers?