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Can my landlord tell me I can't babysit 2 kids?

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Kefrg83

New member
What is the name of your state? PA

Ive been babysitting a sister and brother (11 & 6) for about a month now which my landlord was aware. All of a sudden he says I can't babysit anymore cause its a liability. I asked what the difference was between having my nephews or friends with their kids over and his response there is a difference. Mind you that last year my 3 nephews moved in for 8 months and he was ok with that. I've lived here for 3 years and in month to month lease. Since I'm only watching 2 kids a few hours 4 days during the week, can he tell me I can't?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? PA

Ive been babysitting a sister and brother (11 & 6) for about a month now which my landlord was aware. All of a sudden he says I can't babysit anymore cause its a liability. I asked what the difference was between having my nephews or friends with their kids over and his response there is a difference. Mind you that last year my 3 nephews moved in for 8 months and he was ok with that. I've lived here for 3 years and in month to month lease. Since I'm only watching 2 kids a few hours 4 days during the week, can he tell me I can't?
Yes.
 

Taxing Matters

Overtaxed Member
I've lived here for 3 years and in month to month lease. Since I'm only watching 2 kids a few hours 4 days during the week, can he tell me I can't?
He can say whatever he wants, of course. Unless your lease terms prohibit it you can do it and not violate the lease. If you are getting paid for this, you'd need to make sure you have any state or local licenses you may need for it. The problem though is that you are on a month to month lease. That means even if you don't violate the lease the landlord can still terminate your lease with sufficient notice, typically 30 days unless the lease provides for something different. In short, if you continue to babysit there against your landlord's wishes you may be given notice that lease will terminate and have to get out within 30 days (or whatever time the lease provides).
 

Zigner

Senior Member, Non-Attorney
In short, if you continue to babysit there against your landlord's wishes you may be given notice that lease will terminate and have to get out within 30 days (or whatever time the lease provides).
If the tenant is MTM, and if it comes to it, another option for the landlord would be to institute a new rule with proper notice. If the OP fails to comply, then the OP can be evicted (not simply a termination of tenancy).
 

LdiJ

Senior Member
What is the name of your state? PA

Ive been babysitting a sister and brother (11 & 6) for about a month now which my landlord was aware. All of a sudden he says I can't babysit anymore cause its a liability. I asked what the difference was between having my nephews or friends with their kids over and his response there is a difference. Mind you that last year my 3 nephews moved in for 8 months and he was ok with that. I've lived here for 3 years and in month to month lease. Since I'm only watching 2 kids a few hours 4 days during the week, can he tell me I can't?
The others have explained the circumstances, however I suggest that you ask the landlord WHY he is concerned about you watching the children. If he is worried about liability, you might consider getting some extra insurance and including your landlord as named insured so that he does not have to worry about liability.

If he is worried about extra wear and tear on the property, then you might do something to mitigate his concerns about that.

In the future however, you might want to be a bit less informative towards your landlord. It really isn't his business that you are babysitting a couple of children and he didn't really need to know that.
 

adjusterjack

Senior Member
All of a sudden he says I can't babysit anymore cause its a liability.
He's full of crap about the liability. There is no real liability issue on him.

Why? Whats the difference if i have 2 kids hanging out or family that are children hanging out?
You might try reminding him that it's illegal to discriminate against families with children.

That they aren't your children might not get you very far, but it's worth a shot.
 

Zigner

Senior Member, Non-Attorney
You might try reminding him that it's illegal to discriminate against families with children.

That they aren't your children might not get you very far, but it's worth a shot.
That doesn't apply - the LL is more concerned with the OP running an unlicensed daycare on the property, not with a family who has kids.
 

justalayman

Senior Member
He's full of crap about the liability. There is no real liability issue on him.
So you’re saying a landlord has no exposure under the laws of premises liability in this situation?


Also, there is no comparison between speaking of a family with children and a person operating a business from her rented home.
 

quincy

Senior Member
What is the name of your state? PA

Ive been babysitting a sister and brother (11 & 6) for about a month now which my landlord was aware. All of a sudden he says I can't babysit anymore cause its a liability. I asked what the difference was between having my nephews or friends with their kids over and his response there is a difference. Mind you that last year my 3 nephews moved in for 8 months and he was ok with that. I've lived here for 3 years and in month to month lease. Since I'm only watching 2 kids a few hours 4 days during the week, can he tell me I can't?
How carefully are you watching your brother and sister? What are you allowing them to do while under your care?

Have other tenants complained about their noise or unruliness?
 

Zigner

Senior Member, Non-Attorney
How carefully are you watching your brother and sister? What are you allowing them to do while under your care?

Have other tenants complained about their noise or unruliness?
OP didn't say they were her sister and brother. The OP is watching a pair of siblings who are not related to her.
 

quincy

Senior Member
OP didn't say they were her sister and brother. The OP is watching a pair of siblings who are not related to her.
Ahh, thanks. I missed the "a" before brother and sister.

That mistake aside, I would still like my questions answered. :)

"Free range" children can be a problem for a landlord, as can noisy or unruly children.

If this is an apartment complex rather than a single rental house, the landlord might be fielding complaints from other tenants.
 

LdiJ

Senior Member
That doesn't apply - the LL is more concerned with the OP running an unlicensed daycare on the property, not with a family who has kids.
If its only two children licensing is probably not required. A brief google search tends to indicate that a license is not required if there are fewer than 7 children in the home, including the daycare providers own children.
 

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