Hi Everybody.
For those who may have lost track, I am the original poster for this thread. At least 23 different BP members weighed in with their opinions and experience. Thank you so much everybody!! I carefully considered and weighed every word of all your responses. I am most grateful.
I promised to give you all an update when we had news:
HERE IS WHAT WE DECIDED TO DO:
1.) We immediately demanded that the Tenant with the daycare procure $2,000,000 Liability Insurance naming us as Additional Named Insured. She did.
2.) We found a new Insurance company willing to cover the property with the daycare fully-disclosed. This was no small task: Out of over 13 companies we bid, only ONE (1!) was willing to even cover it at all... at a significantly higher price. We just bit the bullet.
3.) I had to raise the Rent a great deal (Approx 30%) to compensate us for the increased Insurance cost and additional hazard that we are assuming. We also wanted to make sure we earned a very fair return for all the trouble. No way we could allow her to stay at her below market Rent given her risk profile.
4.) We inserted several additional protections into her Lease and imposed additional obligations and responsibilities on her such as an obligation to sweep the hallway / shovel the walkway & sidewalk / Maintain the front area of the building / Take out Garbage, etc...
She hemmed, hawed and balked at first but she reluctantly (very) eventually came-around and signed the new Lease at the new higher rate with the new additional protective terms.
We feel like, as tough a negotiation as it was, this in the end is a fair resolution and a win-win for everybody and we needn't lose sleep at night knowing we kicked out a nice well-meaning Lady in the middle of winter (which would surely have very badly disrupted her whole life & business). We are happy with the new higher rent. I believe we still have decent trust and a good relationship with the Tenant and hope it continues for years to come.
I know that many of you will disagree with what we did and think we should have simply booted her at the expiration of her last lease - and we greatly respect your opinions - but this is how we chose to handle it.
Let's just hope that it all works out. Thanks again everybody for your valued input.
Brooklyn R.
Brooklyn NY