Can an apartment complex enforce a curfew for children?

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Can an apartment complex enforce a curfew for children?

Recently, my apartment complex circulated a newsletter which included a “reminder” that the complex enforces an 8:00 pm total curfew for residents under 18. This “reminder” was news to my neighbors and me. There is nothing in my lease concerning a curfew. I realize that under MI law, landlords may make new rules to ensure safety and the reasonable enjoyment of the property. My complex is quite quiet. That’s one reason why, as a police officer, I moved my children here. But is a total 8:00 curfew reasonable, especially in the summer? What recourse do I have?

Asked on May 27, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, you can challenge the curfew.  First, I would absolutely send your landlord a letter by certified mail (and the same by regular mail with certificate of mailing) asking where this "rule" is written.  Advise your landlord that you have read your lease with a fine tooth comb and that this provision is not included in your lease and was not the basis of the bargain in your renting the apartment in the first place.  Advise him that there is no attachment or rider to the lease that indicates this "rule" either nor is it posted in a conspicuous place ANYWHERE in the complex.  See what happens.  Then seek some legal help.  Good luck.


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