Can Your Landlord Stop You Running a Home Daycare?
Nothing in the Residential Tenancies Act requires a landlord's permission to run a home daycare. But three separate systems apply at once — the Child Care an...
Frequently Asked Questions
Do I need my landlord's permission to run a home daycare in Ontario?
Not under the Residential Tenancies Act, which contains no provision requiring consent for business use. Your lease may restrict it contractually, but breaching a lease term is not by itself a ground for eviction — a landlord must prove one of the statutory grounds in the Act, which in practice means substantial interference under section 64.
How many children can I care for without a licence?
An unlicensed home child care provider may care for a maximum of five children under 13, with no more than three younger than 2, and must count their own children if those children are younger than 4. You may operate in one location only. Through a licensed home child care agency the limit rises to six children under 13.
Can my landlord evict me for running a daycare?
Only if they can prove a statutory ground. The realistic one is section 64 — substantial interference with the reasonable enjoyment of the premises or another lawful right of the landlord or another tenant — which is about demonstrable effects such as noise, parking or traffic, not about the daycare existing. A first N5 in a six-month period can also be voided by correcting the conduct within seven days.
What happens if I go over the provincial limits?
You move from a lawful home business to a contravention of the Child Care and Early Years Act, and you hand your landlord a much stronger position, because section 61 of the RTA allows termination for an illegal act committed in the unit. The Ministry of Education also inspects unlicensed providers and can issue compliance orders, administrative penalties and protection orders, with non-compliance appearing on a public registry.
Does my insurance cover a home daycare?
Usually not without telling your insurer. Standard tenant policies generally exclude business activity, which can mean no liability coverage if a child is injured in your care. Speak to your insurer before accepting a single child and get the answer in writing — you may need a rider or a separate home daycare liability policy.
Should I tell my landlord even though I do not have to?
Generally yes. There is a difference between seeking permission and giving notice. A landlord who learns about it from a complaining neighbour months later tends to serve an N5; one who was told at the outset, in writing, with insurance in place and numbers inside the Ministry's limits, has a much weaker case. It also builds the record you would want at a hearing.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email general@legalassist.london for a free consultation.