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Can An Apartment Refuse To Allow Children To Play Outside?
We've recently had our apartments sold to new owners. New manager followed suite not to long after. Since that time we have been getting nothing but grief from the new manager. Away from the fact that the apartment have been evolving to a rent-only to a specific ethnic persuasion , the manager has been leaving notices of warnings stating that our kids cannot play outside.
My wife and I are a young couple with 3 children. We work and go to school. We keep to our selves and are very low key. I currently coach our sons football team and during the week we like to play outside tossing the football around. Never after dark.
Yesterday we had a notice left on our door stating that our kids cannot play outside. The reasoning was (exact words) "IT ANNOYS THE NEIGHBOR" The notice states that if not followed, further action will be handed down.
My question is this, is it legal for an apartment complex to not allow my kids to play outside? I live in Sacramento, CA.
I found this website:
http://discriminationiswrong.com/can-an-apartment-...
but, if any one could help me with codes. or penal codes or even websites that would be much apreciated. Thanks
NOTHING ON OUR LEASE STATES WE CANNOT PLAY WITH OUR CHILDREN.
They tore down the play area and removed the pool. There is nothing within miles for any kid to do. Our apartment has 3 sections with all parents playing outside with their kids on a daily. We were the only one to get a notice because of ONE NEIGHBOR. It states that one...ONE.>>ONE DAM neighbor was annoyed. Throwing football with our kids at 3PM on a Saturday
17 Answers
- Anonymous6 years agoFavorite Answer
That would likely be a violation of the fair housing laws. Landlords cannot restrict kids to the point of being seen as not wanting kids on the property at all. Yes it is legal to make rules on were kids cannot play but you must also tell them were they can. It is legal to make rules not to play were it is not safe but no to disallow them to play on the property at all. The only thing the manager can do is give violation notices if the kids cause any damage to the property or things of that nature. Yes the noise is annoying but if the kids are not doing anything wrong then she cannot do anything about it. Noise is only restricted at night during the quiet hours not day time. Only excessive noise like blasting really loud music is restricted during the day.
Nobody can expect an apartment to be cemetery quiet at all hours of the day. Hearing kids play, neighbors move around & other basic living noises are all part of living in an apartment.
Also if she is renting to one race more than others she could be guilty of discrimination too.
She does have the right to refuse to renew your lease when it expires & does not have to give you a reason. She does have to give you proper notice.
I would really like to stop the kids on my property playing soccer, tag & yelling & screaming all the time but I can't. All I can do is serve notices when they hit the building with the ball & cause damage.
http://portal.hud.gov/hudportal/HUD?src=/program_o...
EDIT: " We were the only one to get a notice because of ONE NEIGHBOR. " That is also illegal. Even if they did have the right to make that kind of rule it must be imposed on ALL tenants with kids NOT just you.
- sophiebLv 76 years ago
our state laws say that if a person is turned in by neighbors who either find something offensive with you or you've done something to scare them or bothered them with noise (or a bunch of other things) then they can report you, and 2 valid reports and you'd be evicted. That's the law.
The new owner/manager received the complaint and followed thru and informed you, that's all.
You're trying to make your point based on your children are angels or even that they can't play outdoors and neither have anything to do with why you got the notice, but seems you're grabbing at straws even calling it discrimination and calling them YOUR kids, etc. just to win your case.
I'll bet dollars to donughts (and would probably win) that the problem was that you and your kids were playing FOOTBALL which could break glass is the reason your kids were halted from playing FOOTBALL. So your comments are off base. Just don't play football on the property with yourkids.
And yes, in apartment living it takes only one neighbor to get you out. And those are the rules of apartment living.
Source(s): former realtor, and 35 year apartment dweller who reads the leases, and am a paralegal and read legalese. - linkus86Lv 76 years ago
Much depends on the lease. If the lease includes the use of the grounds, then the landlord cannot legally make this rule. If there is no such language allowing tenants to use the surrounding property at will, this rule is acceptable, but the landlord must provide you a months notice before enforcing it. Remember the landlord isn't saying children can't play outside, just not on his property.
Plus its pretty obvious the landlord is trying to appease one nasty neighbor who is bothered by the noise the children are making just outside their windows. It makes me wonder if you might want to approach your neighbors to see how they feel and amend the behavior of the kids or times when their play won't offend the neighbor(s).
- 6 years ago
WOW! Some people have the kohones dont they? Kids are kids, and lets face it they can be noisy [have 4] so pick a spot where you can take the kids and play. I own my house, but the house next door is a rental, and the landlord had the balls to come over and tell me his tenants complained because my adult kids came in all hours of the night in their cars [my driveway is at their bedroom window]. I reminded him who the HOMEOWNER [me] was and who the RENTERS were...then suggested he replace his original single pane windows with insulated ones. They'd get the same, if not worse, annoyance in apartments.
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- anonimitieLv 76 years ago
Interesting. During the day, noise ordinances are pretty lax. I doubt there's much anyone can do about kids playing and the typical, reasonable noise they make.
However, you may not be offered renewal or renewal at a steep rent increase. By that same token, you may not want a renewal where it's family-hostile.
- babyboomer1001Lv 76 years ago
What you have described has absolutely nothing to do with discrimination. The reason is as the manager/landlord stated. All tenants have a right to "...the quiet enjoyment..." of their premises. Take the kids to a nearby park, which is public, versus the private property you are now occupying. You rented the apartment, not the surrounding grounds.
Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience. - TowandaLv 76 years ago
My lease states that I have the ability to control activities of all tenant's and their occupants or even anyone that is visiting or delivering. I've had a lot of problems with people's kids damaging neighbor's property and making a huge mess plus destruction of property. I gave warnings and then asked them to leave and if they didn't I promised eviction. If your kids misbehave or are outside just screaming or where they shouldn't be, they are a problem. You need to be out there with them supervising them or any guests you have. No one wants to listen to your kids. And dont' say kids will be kids. Other tenants have the right to peaceful enjoyment of their property and Ill bet your kids are very loud and you don't supervise them. Because you have kids adds to your responsibility to other tenants and doesn't give them the right to free roam and be loud.
- 6 years ago
Review the agreement if you state in there that kids are not allowed to play and as some neighbor as well.
- TexpersonLv 76 years ago
It's probably not legal. But you'd be much better off moving than fighting all the time with the management. See if you can break your lease with the new management and find a place that welcomes you and your kids.
- PalLv 76 years ago
Load of crap!!! If there is a designated playground then they can request that you and your children play there but if you are in public space in your complex then tell them to pee up a rope.