Am I liable if I rent my house to home-based daycare? Is there a waiver for that?

I am a homeowner and am renting my home to a home based daycare. Would I be liable to any law suits if God forbid there is a law suit at some point? Is there a waiver I can have the tenants sign, that will exclude me from any liability?

Asked on September 28, 2017 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) You would not be liable for the conduct of the teachers or aides if you do not supervise them, but would be liable if any child (or teacher, aide, parent picking up/droppoing off a child, etc.) were injured due to a dangerous condition in the home, such as worn carpeting presenting a tripping hazard, a protruding nail, a loose or cracked step or loose railing, faulty electrical, too-hot water (i.e. the water temperature not set correctly), etc. 
2) You cannot protect yourself from liabilty for dangerous conditions on your property: the law does not let you escape that responsibility.
3) If you were sued on the above basis, your homeowner's insurance would not protect you: homeowner's is only for resididential uses of your home. You'd have to buy commercial insurance to protect you.

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