Recently my landlord in an Apartment complex informed all tenants that any child playing outside must be accompanied by an adult and if a child is not accompanied by an adult then the tenant will be given a warning and then if happens again the tenant will be given 10 days to vacate the property. There was no specific incident that involved my children however there were complaints from other residents that do not have children that the children in the neighborhood were playing too loudly and non specific . Can this occur to my knowledge there is no law that restricts children from playing outside unsupervised please correct me if I'm wrong , but I don't feel this is appropriate. My children are ages 14, 12 , and 9 .
LL is operating on the edge in this one...if the children represented a safety concern MAYBE LL could get away with such a rule, but I doubt LL could make the eviction stick.
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Residential Real Estate Lawyer
I see several issues with this situation. I agree that an eviction for allowing your children to play outside unsupervised is probably not going to work for your landlord, however, since this is private property you landlord can make reasonable rules regarding the use of the private property, especially common areas. This really is no different than a rule that children have to be supervised to use pools, tennis courts or other common facilities.
Last year I was asked to be interviewed regarding a condo association that banned children from playing outdoors completely. There were no common areas and the association made the rule because the only place to play was in the parking lot, which was dangerous. The story made national news. I doubt it ever made it to court, but the court would have to determine if the rule is reasonable and a necessity.
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Landlord / Tenant Lawyer
I had to deal with this issue a few years back. My client, a landlord, imposed something similar, but was directed at a specific tenant for issues by her children. Other tenants were complaining of verbal bad language and pushing by the problem children. My client sent the tenant a 7-day curable notice about the issue and required that she be present to supervise her children while on the playground. The tenant ignored the notice and her children repeated the bad language and pushing other children on the playground to the point that another child had to go to the hospital. I was able to get the tenant evicted, but as you can see, my situation involved more direct matters with a tenant and not a blanket rule imposed on all tenants.