renter's liability (Day care)

[jesusq]

Jurisdiction

Texas

I'm renting a home to a tenant that started out by babysitting two of her grandchildren, but now found out to make extra money she is babysitting other children.

My concern is, in the case that there's an accident at the property, what can I do to protect myself? I've called my insurance agent and they stated I need to get a commercial daycare insurance plan with an outrageous premium which I'm entitle to pay. The tenant doesn't need to do anything.

My lease agreement doesn't contain anything on babysitting, and I don't know what are the downsides of babysitting and if an accident happens.

 

[army judge]

You can evict her for operating an unauthorized business out of the home.
That violates most leases in Texas.

Eviction Notices for Lease Violations in Texas | Nolo.com

You can also report her to DFPS for operating an unlicensed daycare.

Report your concerns. Report anything that may affect a child's health or safety as soon as possible.

Report child abuse or neglect or illegal day care to the Texas Abuse Hotline at 1-800-252-5400.

The hotline is open all day, every day of the year.

For emergencies call 9-1-1 or your local police.

The law protects people who make reports in good faith from legal liability.

If you have more general concerns, call your local CCL office or our statewide child-care information line at 1-800-862-5252.

Local offices are listed at Local Child Care Licensing Offices.

 

[adjusterjack]

My concern is, in the case that there's an accident at the property, what can I do to protect myself? I've called my insurance agent and they stated I need to get a commercial daycare insurance plan with an outrageous premium which I'm entitle to pay. The tenant doesn't need to do anything.

Most insurance agents barely know anything about the insurance they sell and if your agent is a personal lines agent employed by a direct writer (like State Farm, Farmers, Allstate) then he knows nothing about commercial insurance.

You may already be protected by the insurance you already have. If you wish further discussion tell me what policy form and title you have. Is it an HO-3 with an endorsement to the liability coverage for "additional premises rented to others"? Or do you have a separate landlord liability policy. If so, what is the form name and number.

I know, it's a horrible thing to ask somebody to actually read an insurance policy but it's time you did.

Or, you can just evict your tenant. But that'll involve reading the Texas landlord tenant statutes:

2013 Texas Statutes :: PROPERTY CODE :: TITLE 8 - LANDLORD AND TENANT

2011 Texas Statutes :: PROPERTY CODE :: TITLE 4 - ACTIONS AND REMEDIES :: CHAPTER 24 - FORCIBLE ENTRY AND DETAINER