safety and well-being of the children and families enrolled in their program.”
safety and well-being of the children and families enrolled in their program.”
safety and well-being of the children and families enrolled in their program.”
As a landlord in Ontario, here are the answers to your questions regarding your tenant's desire to operate a home daycare:
### 1) **Does the tenant break the lease agreement that forbids business activities?**
Yes, if the lease explicitly forbids the tenant from conducting business activities, operating a home daycare could be a violation of the lease agreement. A daycare is considered a business, even if it's a home-based one. You can address this violation by discussing the matter with the tenant or by enforcing the terms of the lease.
### 2) **Does the tenant need to apply for a license?**
The tenant only needs a license if they plan to care for more than **5 children under the age of 13** (including their own children under age 4). If they care for **5 or fewer children**, no license is required under Ontario law. However, if they plan to care for more children, they must be licensed by the **Ministry of Education**.
### 3) **Is there any insurance the tenant needs to buy to operate a home daycare?**
Yes, it is highly recommended for your tenant to purchase **home daycare liability insurance**. This policy typically covers:
- Injuries or accidents involving the children.
- Legal costs if a lawsuit arises from daycare activities.
Additionally, you should review your own landlord insurance policy to ensure you're covered for business activities on your property.
### 4) **If there is no insurance or inadequate coverage and children are harmed, who is responsible? Is the landlord still liable?**
If the tenant does not have adequate insurance, and a child is harmed, both the tenant and you as the landlord could potentially face liability, depending on the circumstances:
- If the injury occurs due to a condition related to the property (e.g., poor maintenance, unsafe conditions), you could be held liable, especially if the tenant informed you of the issue and you did not address it.
- If the injury is due to the tenant's negligence in running the daycare, they would primarily be liable.
To protect yourself, you could require the tenant to provide proof of adequate insurance coverage and ensure that your own landlord insurance covers potential risks from operating a business on your property.