§5.04 Licensed Child-Care Providers

A licensed family child-care provider is allowed to care for up to six children in his or her rental unit as a matter of right. The tenant must give the landlord 30 days’ notice of intent to provide child care in the unit. Assuming proper notice is given and the six-child maximum is not exceeded, any attempt to evict on the ground that the tenant is providing child care without permission is illegal. [See H&SC §1597.40(d).]

The landlord may require a child-care provider to pay a higher-than-customary security deposit. The total security deposit, however, still may not exceed the maximum allowable under the law, which is equal to two months’ rent (for an unfurnished unit) or three months’ rent (for a furnished unit). [See H&SC §1597.40(d)(4); CC §1950.5(c).]