Conceled carry on property you leased out in SC.

This is a discussion on Conceled carry on property you leased out in SC. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a question about a situation that seems contradictory to me. I am a partner in a real estate investment company (so I have ...

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Thread: Conceled carry on property you leased out in SC.

  1. #1
    New Member Array CurtMill's Avatar
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    Conceled carry on property you leased out in SC.

    I have a question about a situation that seems contradictory to me. I am a partner in a real estate investment company (so I have partial ownership of the property being discussed). We lease out apartments to tenants. In SC I usually have the right to carry on my own property. I also have a CCW permit. The problem that arises is that you can not carry into someone’s home without there permission. I do not want to get my tenants permission each time I go into their home (my property) for an inspection or to collect rent. Some of these apartments are low rent and places I definitely feel better carrying. They are the primary reason I got my permit. I believe that the tenant’s leased right of domicile trumps my right to carry on my own property. Does anyone have experience with this kind of thing?

    Thanks for your help

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    Distinguished Member Array TerriLi's Avatar
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    I would figure who owns the land and place, not the person renting would win that one. Still Im not sure, still I would add it into the renting contract from now on that says in clear language you are allowed by renting there to allow you to CC legally when on your property.
    I know not what this "overkill" means.

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    Quote Originally Posted by TerriLi View Post
    I would figure who owns the land and place, not the person renting would win that one. Still Im not sure, still I would add it into the renting contract from now on that says in clear language you are allowed by renting there to allow you to CC legally when on your property.
    I would agree with the above; both the statement about your ownership and the wording added to the lease! That said; I am not a lawyer or the son of a lawyer and I will bet the poster I quoted is not either; SO check with the corporate lawyer about you rights as the owner!! Is that not the reason the lawyers get paid; to be asked question about the law?

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    That's a tough spot to be in. You might want to actually call... and probably pay an attorney for his opinion on this one. Unless you can become very good friends :)
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    My feeling is that the tenant has the right to allow or not guns in his/her "home." You may need to get some professional advise to help you with this one...
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    VIP Member Array AllAmerican's Avatar
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    When in doubt, call a pro. A lawyer that is. Also, have him add the language to the leasing agreement that allows you to carry.

    Im guessing most folks do not read all the language in the contract and you'll be able to carry.
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    I would add the wording that both tennant and landlord maintain the right to carry concealed weapons on the premises as long as either has a CCW?
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    Some of the answer might have to do with the type of partnership you have in that real estate investment company. Even though you are acting as an owner, you might have only very limited rights if this is a "limited partnership" (as is often the case in real estate) and if there is a general partner who is primarily responsible for operations.

    So, I'd look to a pro for both the lease/tenant rights issues, and double check your own status if you are not 100% certain.

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    Also here in Arkansas you can not carry into someone’s home without their permission. I own several rental properties and when I asked my CCL instructor about this, he is a retired Sheriff, he said when they rent or lease the property, it's their home and I would have to have the tenants permission to carry there.
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    Whatever your attorney adds to the new lease form to make your CC perpetually legal during the term of the lease, have it done in statute legalese something like this..........."Tenant agrees Landlord inspection rights include rights pursuant to SC Statute 18.5 through 18.7 notwithstanding blah blah blah" where 18.5 through 18.7 means the SC CC law.

    In other words, say it legally without saying you're gonna be packing heat.

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    Quote Originally Posted by Rock and Glock View Post
    Whatever your attorney adds to the new lease form to make your CC perpetually legal during the term of the lease, have it done in statute legalese something like this..........."Tenant agrees Landlord inspection rights include rights pursuant to SC Statute 18.5 through 18.7 notwithstanding blah blah blah" where 18.5 through 18.7 means the SC CC law.

    In other words, say it legally without saying you're gonna be packing heat.
    INAL but that was what I would check out/try to do.
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    I'm no lawyer, but my limited understanding with a lease as long as they hold up the terms of the contract in a legal sense they have ownership of the property for the term of the lease. Your rights to the property are that they hold up the terms of the contract and they cannot waste the property.

    If an LEO asked your permission to search their aprtment and they were current on rent etc... I don't think you could grant that... same kind of concept.

    I agree with others that I'd consult with an attorney and then make sure it is worded in the contract when you sign new leases.

    I don't know the type of property, but if its say an aprt bld you probably can carry in the hall, just not inside their doors.

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    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by Rock and Glock View Post
    Whatever your attorney adds to the new lease form to make your CC perpetually legal during the term of the lease, have it done in statute legalese something like this..........."Tenant agrees Landlord inspection rights include rights pursuant to SC Statute 18.5 through 18.7 notwithstanding blah blah blah" where 18.5 through 18.7 means the SC CC law.

    In other words, say it legally without saying you're gonna be packing heat.
    Brilliant!

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    While if ya say it fast to add the CC laws to the lease it sounds good on the surface it doesn't help you to carry in their domicile. In fact if you add the compliance to CC law, you are guaranteeing them that they have the right to ask you not to carry per state law that YOU have added. Still their home, still their call.

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