Where can I get proof that it is not legal for a landlord to require adult supervision of children?

My child is 13 years old and I have never had a problem with her going outside to play with friends. I received a "first and final" notice from my apartment complex manager yesterday stating that my child was seen playing outside and that all children 17 and under must be supervised by an adult at all times, otherwise they will be taking legal action. I've lived here for years and this was the first I heard of any such rule. I didn't want my parents around me and my friends when I was 13 and I'm sure my child would think it's a buzzkill for me to be around too. I found an attorney's website that says "The landlord cannot require supervision of kids because he doesn’t want kids running around unattended. A parent is free to allow their children to play outside unsupervised. A landlord's fear of liability or concern that a child might get hurt if unsupervised is not legal grounds to permit him to require tenants to supervise their children. The landlord must leave such decisions to the parent."

So besides this website, where can I get proof of this? FHA? HUD?

7 Answers

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  • 10 years ago
    Best Answer

    the landlord's rule made sense to me, though expecting a parent to be right there is not reasonable unless there is a pool. then it is normal for kids under 16 to be supervised by adults around a pool.

    If you found an attronrey's website, doesn't it give a citation fo the law? A citation tells where the law is and usually has a code in the form of numbers, like chapter 23, section 8 or something like that. And each state is specific so you have to look at your own state. So find that law and get a copy of it. You could then give a copy to your landlord and he coudl take legal action but you could fight it with the law. You might get an attorney as it might violate the landlord/tenant law to impose something illegal on a tenant.

    This is not likely to be under FHA or HUD but in the law. If you have subsidized housing under HUD., you could go to your case worker and seek help there. They woul have access to the law and also have a contract with the landlords. You could call the attorney whose website you saw and what the law is and what the cost would be to take some kind of action against the landlord.

  • 10 years ago

    There must be problems with teenagers and or he must have received complaints about them,,,,personally I would not appreciate paying rent to live in an apartment complex where there are groups of teens hanging around doing nothing,,,,,A parent has a responsibility to monitor their children and should be considerate of their neighbors,,,,It appears that the landlord had left the decision of supervision to the parent and evidently it hasn't worked,,,,,I'm not sure if he could legally change the rules but if I was a tenant I would hope he could,,,,,

  • 10 years ago

    Any law posted on an "attorney's" website without a citation to the code is probably a scam.

    In general:

    Your landlord can't require you to supervise your child, but they can say unsupervised children are not allowed on their property. In fact, under liability law and insurance rules they're probably required to. Your lease gives you freedoms in your apartment and access to common areas, but does not give you rights to common areas. That said, verify this with your state law. You can Google "_____State tenant landlord law" and find a .gov link to peruse the code.

    Perhaps work out some arrangement with your daughter so that she can have her "no mom friend time" in the apartment or in another off-property location, like at the mall.

  • Anonymous
    10 years ago

    You could try your state's housing code. However, take anything on an attorney's website with a grain of salt. They are trying to get you as a customer, not give you legal information. Even if there is such a law in your state, it would be very easy for the landlord to come up with a reason besides "I don't want them running around".

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  • 10 years ago

    I'm not even going to go where "What kind of a mother lets a 13 year old girl go out unsupervised?" Oops, looks like I did, my bad. Oh well, all those stories about things happening to girls must not be around you.

    The "attorney website" is completely incorrect unless he is speaking to a specific property, I've never heard anything so legally ridiculous.

    The landlord can set whatever property rules they choose within reason, and it is certainly reasonable to require adult supervision of kids under 18 or even 21 if that is the state's age of majority (adulthood). Until that age, you are financially responsible for any damage or disruption caused by your children, including making yourself subject to eviction for their behavior or your lack of supervising their activities.

    Beyond the premises liability issues, there is the peace and quiet right that other tenants have. Kids are not entitled to run around making noise in common areas if I am trying to sleep from 10 p.m. - 7 a.m. Wake me up at 3 a.m. with your music or racket and I will make sure you are evicted.

    Sorry, the law is the law, sounds like you need to get a house. Or a visit from CPS about your parenting skill set.

    Source(s): 35 yr atty, judge pro tem
  • Helena
    Lv 4
    4 years ago

    It varies from state to state. Check with your local Office For Children, or whatever you have. I think where I live, a child aged 10-11 can be alone for a couple hours a day, as long as it's daylight (for example, after school, until the parents get home). Around ages 12-15 they can be left alone for most of the day, but not overnight, Around 16 they can be left alone overnight. I'm not sure about the exact ages/length of time, but this should give you a general idea.

  • 10 years ago

    It could be just a rule the complex has.

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