If my tenant added a daycare in my single family house which she rents as primary residence, shouldI change the residential lease into a commercial one?

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If my tenant added a daycare in my single family house which she rents as primary residence, shouldI change the residential lease into a commercial one?

Asked on December 24, 2011 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Carefully read the presumed written lease you have for your tenant in that it controls the obligations owed to you by the landlord and vice versa absent conflicting state law as to whether the lease allows a day care facility.

If not, then technically the day care operation is not allowed. You should also check to see if local zoning allows such a facility in the rental and if so, is there a permit in place with adequate insurance placed by the tenant to protect you.

If you wish to keep this tenant and the day care operation is allowed by zoning, you should consider making the lease a commercial one. Before doing so, you should consult with a landlord tenant attorney who does commercial lease work.


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