Kimball, Tirey & St. John LLP

                Imagine this scenario:  Your on-site manager is approached by one of your residents.  The resident indicates that they plan to open a small day care business operated out of the apartment.  They want to know if management has any objection and the manager points out that the rental agreement prohibits operating a business out of the apartment.  The manager also points out that the area in which the apartment building is situated is not zoned for commercial businesses.  Unfortunately, as well intended as the manager might be in providing this response to the resident, the manager is wrong.  Here's why:

                Under California law, all single family residences, including rental apartments and condominiums, can be used for small family day care homes.  Qualifying operations are not considered a "business use of the property."

                There is no legal requirement that providers of day care services own their own home.  Even in situations where a rental agreement specifically states that an apartment can only be used as a residence, family day care is still allowed.

                To read more, go to:

http://www.iremsf.org/Day%20Care%20Article.pdf