Tenant in home day care can landlord get protection with agreem to not be held liable

[Brian Inge]

Getting ready buy a townhouse in Virginia that has a tenant in there that has a small in home day care. State regulation for in home day care 4 people or less do not require any type of business license or does not require the tenant to have any type of day care license. this tenant has 3 children in the day care.  That being said are worried about the insurance side if someone were to get hurt and sue. Is it possible to have a lawyer draw up an agreement that all the childrens parents would have to sign that would not hold the landlord liable for anything. The tenant has been in place for 20 years and would make sense to keep them there. 

[Greg M.]

Almost assuredly, no. You have no business relationship with the parents, so there isn't an equal exchange here. They are giving up their rights to sue you and in return receive nothing of value. It would also be against public policy to not hold you accountable for your actions (like not fixing the broken steps, not fencing the pool, etc). 

Require the tenant to have a liability policy for at least $5M. Raise their rent to cover the cost of another liability policy for you (minimum $5M).