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Can a tenant use my rental house to run board and care without my knowledge ? Am I liable for anything ? rental ins will cover ?

Huntington Beach, CA |

I indicated in the lease addendum that this property can't be use for any kind of business ( she still does anyway ). I knew that because she is living in different house and run boarding care business at my rental house. does she need my permission to get business license ? can sub-tenants sue me for anything that happen to them ? Can I liable for her business ? Thank for you response.

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Attorney answers 4


If she is acting in violation of her lease terms, give her notice and evict if necessary. Check your insurance policy to see what coverage applies to sub-tenants and/or to a business being run out of your house instead of it just being a residential rental - you may not be covered! Time to find out is now, not after you have a claim. Seems to me it is possible that a boarding care business puts a lot more wear and tear on a property than does just a residential rental - another good reason to stop this now! She also may be in violation of zoning laws and codes. To the extent that the City/County cites her for violations, fines her, and she does not pay - will they put a lien on your house because of her? Lots of questions. You should talk to a local real estate lawyer pronto to find out the answers and your best course of action.

Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship. Gregory L. Abbott, Attorney at Law, 6635 North Baltimore, Suite 254, Portland, Oregon 97203. Tel: 503-283-4568; Fax: 503-283-4586; Email: Specializing in Consumer and Small Business Law.


I agree with my colleague. First you should have a local real estate attorney review the lease and facts with you. If she is in violation of the terms of the rental agreement, then your attorney should be able to guide you in undertaking the necessary action, which may be an eviction.


Gregory L Abbott covered this question on all fours. His advice is solid.


While a day care service, (babysitting), may be run a board and care facility is a horse of a whole different color. A business license would be required and, absent such a business license, the city should be able to shut her down. If your lease agreement prohibits the use of the property as anything but residential and, she is running a boarding care facility, she is in violation of one of the written terms (covenant) of that lease. Your remedy is to serve her with a three-day notice to cure covenant or quit and, upon her failure to shut down the boarding care facility, you can evict her based upon the violation of the rental agreement.

A proper response would require a thorough investigation into the history and background of this relationship. The information provided above is just that, information, to be used as you see fit.