Can a Landlord carry onto a DayCare property that is owned by the Landlord?

[melensdad]

I own some commercial real estate.

One of my new tenants at a multi-use building is a Day Care center for children.

Can I, as the landlord of the property, carry on that property legally while I am performing my duties as a landlord?


Can someone cite Indiana Code regarding this?

 

[eldirector]

Here are the only School Property exemptions:

IC 35-47-9-1Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who may legally possess a firearm and who has
been authorized by:
(A) a school board (as defined by IC 20-26-9-4); or
(B) the body that administers a charter school established
under IC 20-24;
to carry a firearm in or on school property.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being
operated by the person to transport another person to or from
a school or a school function.
(4) A person who is a school resource officer, as defined in
IC 20-26-18.2-1.
As added by P.L.140-199

Get official permission from your tenant. Next time, put it in their contract/lease.

 

[jedi]

eldirector I need to go back through my notes becuase I don't think that is correct.
The case that comes to mind for me is a PRIAVTE day care that is inside a building of the City of Hammond public complex.
In that case just that one building/section of building (where the day center was at) is considered a 'school' and thus off limits but not the rest of the complex as the complex is public property (ie. owned by the city of hammond).

 

[eldirector]

OK. maybe I misunderstood the question.

1) Can he carry in the multi-use area that are not legally "school property"? Yes.
2) Can he carry in the Daycare tenant's part of the building, even though he is the landlord/owner/maintenance? No. Not without the appropriate legal exemption.

Of course, that is only my opinion.

 

[jedi]

OK. maybe I misunderstood the question.

1) Can he carry in the multi-use area that are not legally "school property"? Yes.
2) Can he carry in the Daycare tenant's part of the building, even though he is the landlord/owner/maintenance? No. Not without the appropriate legal exemption.

Of course, that is only my opinion.

This I agree with you on.
I can't find the definiton of what "school property" is but I know their is one and that will be what seals this.
Say for example that OP's licensed day care tenate is one floor 5 of the 5 story building.
Then the GFZ is just floor 5 since the day care does NOT own the building/property and is only leasing/renting floor 5.
That is my take on it and how it was explained to me for the hammond case.

 

[actaeon277]

I would call Guy Relford, pay him a fee for legal advice, and take his advice.

 

[ModernGunner]

eldirector I need to go back through my notes becuase I don't think that is correct.
The case that comes to mind for me is a PRIAVTE day care that is inside a building of the City of Hammond public complex.
In that case just that one building/section of building (where the day center was at) is considered a 'school' and thus off limits but not the rest of the complex as the complex is public property (ie. owned by the city of hammond).

Just curious, but to what Day Care / Hammond facility are you referring?

This sounds a lot like the PUC Day Care facility, and PUC isn't owned by Hammond.

 

[jedi]

Just curious, but to what Day Care / Hammond facility are you referring?

This sounds a lot like the PUC Day Care facility, and PUC isn't owned by Hammond.

Jean Shepherd Community Center
City of Hammond | Jean Shepherd Community Center | Jean Shepherd Community Center

In one of their buildings a licensed day care rents a section of the building.

 

[ModernGunner]

Jean Shepherd Community Center
City of Hammond | Jean Shepherd Community Center | Jean Shepherd Community Center

In one of their buildings a licensed day care rents a section of the building.

Ah, okay. Thanks, Jedi. Didn't know they had a Day Care in the JSCC, only been there once, LOL. That's sits by the Hammond F.O.P., maybe half a mile from the Purdue Calumet Campus.

 

[Bill B]

Jean Shepherd Community Center
City of Hammond | Jean Shepherd Community Center | Jean Shepherd Community Center

In one of their buildings a licensed day care rents a section of the building.

Umm, unless they've drastically changed things recently, the day-care is a separate building.

 

[jedi]

Umm, unless they've drastically changed things recently, the day-care is a separate building.

That is what I am saying.
Look here:
Lake County, IN

The JSCC is on lot 276-002 that lot has 2 buildings a 2 parking lots (north and south). This lot is own by the Park District, City of Hammond
The lot to the north of 276-002 is 276-004 which is just grass area. This lot is own by the Hammond Park Board of Commissioners, City of Hammond.

Now on the JSCC the bigger building is the main hall, gym, etc. That is a non-GFZ as it all the parking lots and the grass area in both lots.
The 2nd building my understanding was that they had a licensed private child care (LPCC) and other offices. The "playground" outside between the 2 buildings along with the classrooms for the LPCC are GFZ but the other offices are not since those are in public space. Not sure how a court would take this since you can't get to those offices without going thru the LPCC inside the building. So for practical purposes you are right that entire smaller building is a GFZ (on the inside ONLY) and that fenced in playground.

 

[nzclll]

You need permission from the lessee/operator. I suggest you add it as an amendment to the lease. I own a preschool and the property and have to look up the laws every year to see if I can carry on my own property... as of today:


IC 35-47-9
Chapter 9. Possession of Firearms on School Property and School Buses

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who may legally possess a firearm and who has been authorized by:
(A) a school board (as defined by IC 20-26-9-4); or
(B) the body that administers a charter school established under IC 20-24;
to carry a firearm in or on school property.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
(4) A person who is a school resource officer, as defined in IC 20-26-18.2-1.
As added by P.L.140-1994, SEC.11. Amended by P.L.172-2013, SEC.12.

IC 20-26-9-4
"School board"
Sec. 4. As used in this chapter, "school board" means:
(1) when applicable to a public school of Indiana, the board of school trustees, board of school commissioners, school board of incorporated towns and cities, and township school trustees; or
(2) when applicable to a school other than a public school, a person or agency in active charge and management of the school.
As added by P.L.1-2005, SEC.10.

 

[spoke78]

I must be missing something here. So all Indiana licensed daycares are lumped in under school property? Making them GFZ? IF they are a daycare inside of a church then this church service on sunday morning is gun free also? I don't mean to hijack but do have these questions.

You need permission from the lessee/operator. I suggest you add it as an amendment to the lease. I own a preschool and the property and have to look up the laws every year to see if I can carry on my own property... as of today:


IC 35-47-9
Chapter 9. Possession of Firearms on School Property and School Buses

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who may legally possess a firearm and who has been authorized by:
(A) a school board (as defined by IC 20-26-9-4); or
(B) the body that administers a charter school established under IC 20-24;
to carry a firearm in or on school property.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
(4) A person who is a school resource officer, as defined in IC 20-26-18.2-1.
As added by P.L.140-1994, SEC.11. Amended by P.L.172-2013, SEC.12.

IC 20-26-9-4
"School board"
Sec. 4. As used in this chapter, "school board" means:
(1) when applicable to a public school of Indiana, the board of school trustees, board of school commissioners, school board of incorporated towns and cities, and township school trustees; or
(2) when applicable to a school other than a public school, a person or agency in active charge and management of the school.
As added by P.L.1-2005, SEC.10.

 

[Mr. Habib]

Not necessarily. Only daycares that are required to by licensed by the state are considered to be schools under the law. Church run daycares are exempt from the licensing requirement (see IC 12-17.2 and IC 31-27). Absent some other factor, such as a preschool or actual school on the property for example, a church daycare is not a school under Indiana law.

IC 35-31.5-2-285
"School property"
Sec. 285. "School property" means the following:
(1) A building or other structure owned or rented by:
(A) a school corporation;
(B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;
(C) a private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
(D) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
(i) A Head Start program under 42 U.S.C. 9831 et seq.
(ii) A special education preschool program.
(iii) A developmental child care program for preschool children.
(2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision (1).
As added by P.L.114-2012, SEC.67.