CC Ban On Tenant Business Owner?

CC Ban On Tenant Business Owner?

This is a discussion on CC Ban On Tenant Business Owner? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Small Business owner who rents office suite within building. Have cc permits in SC (resident), PA, & UT. I have rented this unit from the ...

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Thread: CC Ban On Tenant Business Owner?

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    New Member Array OldHat's Avatar
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    CC Ban On Tenant Business Owner?

    Small Business owner who rents office suite within building. Have cc permits in SC (resident), PA, & UT. I have rented this unit from the current owner since 1997 when he purchased the building, and was also a renter of the same unit from the previous owner before the the transfer. Have not signed new lease in 6 years, just kept rolling on old terms. Anyway, he sends me over a new lease today and it has a statement regarding the prohibition on CC. (They already posted NO CC decal (legal) at entry to building few years back, but I knew that I had the right as renter/business owner to cc, so I just continued and no one was the wiser) Well now that they have language in this new lease prohibiting CC both in the buildiing & on the grounds. I am curious (as a business owner/tenant) if I have to comply with lease terms, and by accepting those terms through my signature, voluntarily giving up my right to cc? BTW.........current owner is NJ Liberal Anti, so any conversation or admission of CC is out of the question.


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    Member Array rednecksport's Avatar
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    Move, or at least threaten too, tell him if he wants your rent then the only way he will get it is if you can carry.Thats what I would do.
    Well You Boys Gonna Pull Them Pistols, Or Whistle Dixie.

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    Member Array hdawson's Avatar
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    Cool

    A lease is a contract. Both parties agree with the terms. Give him the oportunity to amend your lease or look for another location before expiration.

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    You could tell him you don't wish to sign it as existing because you don't want to infringe on any of your employees constitutional rights. That way you aren't admitting you carry and you don't know if anyone does but you don't want to restrict them if they do.

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    New Member Array OldHat's Avatar
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    Do not want to move, location, rent and area is right. Not to mention been there since 1992.

    Building owner already has "no CC" decals (in legal format) posted at entry to building. Sorry but employees do not have the legal right to ignore that decal, but a tenant principal (owner operator) does have the legal right to carry in his "property", rented or owned. That is a fact.

    My question is really all about the lease...can they legally prohibit me? If they can't, then I will just sign away, and keep on keeping on. (kind of like the illegal decals...look good but have no value), or does my signature (voluntarily) relieve me of that right, legallly?

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    Member Array hdawson's Avatar
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    Cool

    Check with your attorney for real facts as to your tenant rights.

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    I am sorry about the bad news. I should recommend you to contact a lawyer before signing anything or even taking with the owner. Do not rely on information from the Internet.
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    Only person who will be able to tell you if it is enforceable is going to be a lawyer. If it is, he has you between a rock and a hard place. You either accept the terms or look for a new location.
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    Member Array tflhndn's Avatar
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    you can also simply stall by saying you prefer to remain on the old terms :)

  10. #10
    New Member Array OldHat's Avatar
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    Thanks for your replies.

    While I do tend to agree that the lease is a binding contract, I have to wonder in the case of the lease being adverse to state law, would it stand up? In SC I legally have the right to carry on my "property", rented or owned. (I actually read a decision by the SC Supreme Court affirming the right of the tenant/business owner to carry, but based on what I read, the landlord was basing his case on cc ban decal at entry, nothing stated about the ban being a term of the lease agreement)

    I guess I will try to find an attorney versed in gun law here in SC, and proceed per counsel.

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    Member Array Phantoms's Avatar
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    Quote Originally Posted by OldHat View Post
    Thanks for your replies.

    While I do tend to agree that the lease is a binding contract, I have to wonder in the case of the lease being adverse to state law, would it stand up? In SC I legally have the right to carry on my "property", rented or owned. (I actually read a decision by the SC Supreme Court affirming the right of the tenant/business owner to carry, but based on what I read, the landlord was basing his case on cc ban decal at entry, nothing stated about the ban being a term of the lease agreement)

    I guess I will try to find an attorney versed in gun law here in SC, and proceed per counsel.

    If the lawyer tells you it's legal to take your ability to carry away through signing that lease, then there is another option. You can simply strike out that portion of the lease agreement before signing/returning and hope it doesn't get noticed or that it's not enough of an issue to matter.

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    Distinguished Member Array tiwee's Avatar
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    For the landlord to enforce the provisions, the concealed weapon would have to be a proven fact. If it is concealed, how is he to know? If the weapon is discovered, the landlord then has the choice of exercising his rights under the lease or not. Other penalties would not be available to him.

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    When you sign a lease, you DO agree to the terms...pretty simple.
    Now you have to decide if the cheap rent is worth not being armed...or stay armed and break the lease if you should be discovered.
    Now as far as checking with a lawyer, you'd want to know if ignoring the lease and CCW could put you in jail, or just void the lease.
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    Agree with getting a lawyer. But at a minimum I'd try to line out the offending text and initial. If you're lawyer is OK with it the landlord may miss the deletion and sign. If he does I think you've deleted the condition.

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    Cross out, date and initial the part you don't agree with

    Quote Originally Posted by Phantoms View Post
    You can simply strike out that portion of the lease agreement before signing/returning and hope it doesn't get noticed or that it's not enough of an issue to matter.
    Agree. I think that is what I'd do.

    Cross out, date and initial, the lease language you don't agree with. Return it and hope that is the end of it. It probably will be, as your landlord won't want to lose a good tenant in this economy.

    At worst, you'll get a letter or phone call asking that you sign the lease as presented or move.

    HOWEVER--- Since the place is posted, are you sure you aren't violating the law when you go to your office? Do you pass through part of a posted building that is not space leased to you? If so, check mate.

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