November 4, 2014

Are you Allowed to Include Rules for Children in Your Rental Property?

Rules for FamiliesLandlords cannot refuse to rent to families with children, in most situations. This cannot be used as a reason not to rent to an applicant. However, the clutter, noise and other effects of children on a home may be mitigated by a landlord in the lease. This may not be legal, though and you may want to avoid adding rules for children in the lease.

Rules You Should Avoid

If you want to keep yourself out of legal trouble, avoid these rules:

  • Don't refuse to rent to families with children - This is illegal, unless the housing is set aside specifically for seniors.
  • Don't restrict areas children can go - If you require a tenant to take a lower-level apartment because they have children, you can get in trouble with the law.
  • Don't require children to have their own bedroom - You cannot refuse a single parent with one child, if they want to rent a one-bedroom apartment.
  • Don't put restrictions on normal childhood activities - If you try to limit children from playing outside, running, walking, shouting or using certain toys outside, you may find yourself in trouble with the law.

Avoid these rules in the lease and you will be able to rent to families without ending up in court because of the rules you put in children.

Rules You can Include for Children

Even though you cannot make specific laws that solely affect children, you can make some rules to help with child safety. For example, you can restrict the age of a child able to use the pool without adult supervision, but this must be a reasonable age. You can also enforce reasonable noise restrictions or set "quiet hours" for the property.

Be very careful when putting together rules for children or anybody else you rent to within the lease. It's always a good idea to understand the local laws and consult an attorney in the Detroit Metro area with any questions.