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In Texas, can an apartment complex have a new rule that all kids under 16 must be in their apartments by 10pm and can it be enforced if it is not in the lease?
I don't believe so as that would be legally discriminatory. For instance, a complex can decree that there will no skateboarding, cycling, etc. but this has to be applicable to all tenants and not restricted to children. The general curfew as mandated by Texas law for children under the age of 17 is one thing but complex owners can't arbitrarily decide that all children must be inside their apartments by a certain hour.
I used to live in a place where the teens at night wrecked havoc on the pool, plants and laundry facilities. I don't know if it's LEGAL, but I sure don't blame the complex owners/managers for making this rule. If the kids want to hang out, they can go to one of their homes.
In Texas, can an apartment complex have a new rule that all kids under 16 must be in their apartments by 10pm and can it be enforced if it is not in the lease?
I'd say you should see what local laws are on curfews.
I'm a LL and you can have rules about private property if it does not discriminate based on gender or disability. Technically, you can make a rules that unsupervised residents' kids or guests younger than 18 may not be outside after dark. However, stating they must be inside is a strange rule.
It's truly a shame that because parents don't use common courtesy about supervising even teenagers, not to mention, don't teach their kids common courtesy for close neighbors that these types of rules have to even be thought up. I am almost willing to bet that if you see this house rule in your by laws, or posted on site that it's allowed. bylaws and "house rules" normally are written and adopted only after lengthy discussion and review by the Association attorney.
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So what is the LL going to do if they don't follow the rule? Arrest them and incarcerate them in the laundry room? I doubt such a rule would be enforceable. It's easier to tell the parents to keep the brats under control or kick them out if they cause problems.
I am almost willing to bet that if you see this house rule in your by laws, or posted on site that it's allowed. bylaws and "house rules" normally are written and adopted only after lengthy discussion and review by the Association attorney.
The OP indicates that this is a "new rule" not in the lease. In any case, it goes against the Fair Housing Federal laws which supersede any HOA or other apartment complex rules.
So what is the LL going to do if they don't follow the rule? Arrest them and incarcerate them in the laundry room? I doubt such a rule would be enforceable. It's easier to tell the parents to keep the brats under control or kick them out if they cause problems.
The rules should be part of the lease....either listed individually or the leasee signs that he/she agrees to follow property rules. What the landlord can do is evict them......
Groups of unsupervised teens hanging outside can be very intimidating to others. They can sometimes be very loud and often kids use offensive language just to impress eachother. That's pretty difficult to deal with if the teens are within earshot of a family trying to enjoy a peaceful evening. Raising teenagers is difficult, especially if you live in multi-family housing....but if they want to hang outside, it should be in a private place or youth center where they are supervised.
The rules should be part of the lease....either listed individually or the leasee signs that he/she agrees to follow property rules. What the landlord can do is evict them......
Groups of unsupervised teens hanging outside can be very intimidating to others. They can sometimes be very loud and often kids use offensive language just to impress eachother. That's pretty difficult to deal with if the teens are within earshot of a family trying to enjoy a peaceful evening. Raising teenagers is difficult, especially if you live in multi-family housing....but if they want to hang outside, it should be in a private place or youth center where they are supervised.
The rules can NOT be enforced solely towards children unless the intent is to protect the children themselves. This is pretty clear under FHA laws. An apartment complex owner of course can implement rules in a lease which prohibit rowdy behavior on the property whether inside or outside but these rules have to be carefully written so they include ALL tenants and not specifically children.
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