• Lease agreement

Hello all,
We are planning to rent our villa to a prospective tenant who would like to run a daycare on our premises with around 35 kids. We want to know what clause can be included in the lease agreement to protect us from any legal situation that might arise from any injury or accident (whatsoever the reason may be)to kids during their time in the daycare. For example, if a kid trips and falls on the staircase resulting in an injury, or if there is an electric shock or anything untoward, we want to make sure that the onus is on the person managing the day care and not on us. Kindly advise.
Asked 5 months ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

Lawyers are available now to answer your questions.

7 Answers

Lease agreement be precise and be drafted  containing related clause. The liability to obtain licence, permissions, third party liability etc be casted upon proposed tenant or lessee. You being Lessor cannot make manager of day care liable as you donot have privity of contract with him and secondly in case of lease manager would be stranger. 

Siddharth Srivastava
Advocate, Delhi
1150 Answers

5.0 on 5.0

It should be mentioned that lessee will hire trained teachers for day care and take adequate safety measures for the safety of kids attending the day care in case of an untoward incident lessee shal be solely responsible 


2) Secure external doors with intercom system linked to each room. Strict entry procedures with all visitors required to sign in on arrival. Staff are not permitted to use their mobile phones whilst they are at work and all are kept securely in staff lockers.


3) daycare centre has a CCTV in every room and that it is working. There should be a provision for online monitoring by parents.



Ajay Sethi
Advocate, Mumbai
92904 Answers
7158 Consultations

5.0 on 5.0

You can execute leave and license agreement it is safe and legally secured 

Prashant Nayak
Advocate, Mumbai
30794 Answers
155 Consultations

4.1 on 5.0

Carrying out of commercial activities in a residential area is illegal as per the law of the land.

If this villa is let out on l;ease for this purpose then  this property can be termed as commercial and the tax and other rates will be applicable to the commercial rates.

However running a small daycare from a rental property can be quite different from all other businesses. Day cares create no real noises or other issues common with normal businesses.

However you should obtain permission from the association of the Villa complex to let out the residential place for this commercial activity.

The conditions to enforce the safety precautions to the children in all aspects should be a covenant in the lease agreement besides making the lessee fully responsible or liable for any debacle or any undesirable event that my take place.

T Kalaiselvan
Advocate, Vellore
83099 Answers
2001 Consultations

5.0 on 5.0

For that separate agreement will execute in the form of undertaking that once property is put on rent, from on wards, it will sole responsibility of the tenant for any accident or mishappening. And with the daycare business, you have no connection whatsoever. 

Yogendra Singh Rajawat
Advocate, Jaipur
22331 Answers
31 Consultations

4.4 on 5.0

Dear client,  

When including a clause in a lease agreement to protect yourself from legal situations related to injuries or accidents during the daycare's operation, it's important to consult with a qualified attorney who specializes in real estate and contract law. They can provide specific advice based on your jurisdiction and local regulations. Nevertheless, here's some general language that you could consider including:

Indemnification Clause: This clause would state that the tenant agrees to indemnify and hold you (the landlord) harmless from any claims, damages, injuries, or losses that may occur on the premises, including those related to the daycare's operations.

Release of Liability: Include a provision where the tenant and any parents/guardians of the children attending the daycare release you from any liability for injuries or accidents that may occur on the property. This provision may need to be reviewed by a lawyer to ensure it is enforceable in your jurisdiction.

Insurance Requirement: Specify that the tenant must maintain adequate liability insurance coverage for their daycare operation and provide you with proof of insurance. This insurance should cover any accidents, injuries, or damages that may occur.

Compliance with Regulations: Require the tenant to comply with all applicable laws, regulations, and licensing requirements related to operating a daycare facility, including maintaining appropriate safety standards.

Remember, it's crucial to consult with a legal professional to ensure that the clauses are suitable for your specific situation and comply with local laws. They can help you draft the necessary language and provide guidance on any additional protections you may need to include in the lease agreement.

Anik Miu
Advocate, Bangalore
7759 Answers
90 Consultations

5.0 on 5.0

- As per law, running a day care is required a license from the competent authority. 

- Further, as you are giving your villa after executing's lease agreement, then for running the said business of day care , the tenant will be responsible for any incidents caused in the tenanted premises. 

- However, you can clear this doubt after mentioning that , being the owner of the villa you are renting the premises only , and for any incident occurred in the tenanted premises , the owner of the day care i.e. tenant will be accountable and not the owner of the villa , 

- Further, the given premises will not be a part of judicial proceeding , in case any untoward incident happened in the tenanted premises. 

Mohammed Shahzad
Advocate, Delhi
12186 Answers
170 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer