Landlords and guns

This is a discussion on Landlords and guns within the General Firearm Discussion forums, part of the Related Topics category; For those of us who rent does our firearm freedom and having guns in our rental homes/apartments come above the property rights of a landlord ...

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Thread: Landlords and guns

  1. #1
    Distinguished Member Array Pro2A's Avatar
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    Landlords and guns

    For those of us who rent does our firearm freedom and having guns in our rental homes/apartments come above the property rights of a landlord who is against guns?

    Example. Landlord discovers you own firearms and he says you have 30 days to get out because of that, he doesn't like firearms on his property. Is that legal? If I were in a business I'd be trespassing, what about a rental home?

    This has not happened to me. I know my landlord isn't anti gun, just more of a "what if" question.

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  3. #2
    Senior Member Array Pete Zaria's Avatar
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    Too many "if"'s here.

    I think odds are, if you took the landlord to court, you'd probably win, especially given the recent SCOTUS decision.

    It would probably not be worth the legal fees and headaches to do that, though.

    Just my two cents.

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  4. #3
    VIP Member Array matiki's Avatar
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    Like Pete said, a lot of 'ifs'. I'll disagree and go the opposite direction though and say that short of violating a contract/lease your landlord would win. The 2nd amendment protects you from the Government, not your landlord. Also just my $.02.

    ETA: Here's WA State's law -

    http://www.wsba.org/media/publicatio...ord-tenant.htm

    Once your lease is up he could give you the boot, or give you 20 days for any reason if you're month to month, or move for eviction (90 days) if you are mid-lease. Of course they've got to have a good reason for this.
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  5. #4
    Senior Member Array Roadrunner's Avatar
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    If the lease didn't mention guns and you live in a gun-friendly state, I doubt you could be evicted. Could be wrong though. When I get home I'll look through my landlord's guide, it's not comprehensive but it covers a lot of topics.
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  6. #5
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    Read the lease front to back and word for word...that's your contract with the landlord. He can't change the rules after the fact...nor can you bend them either.

    No mention of guns in the lease, I wouldn't worry about it...the discussion is over...just don't break any of the other rules.

    Why would he know about your guns anyway?

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  7. #6
    Senior Member Array rolyat63's Avatar
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    I agree with the statements above with the following exceptions. Contract law does not trump landlord tenant law. I've been both in Texas and Florida. For example I 've had a lease that said I could hang nothing outside. Fl law allows a US Flag and if I remember it was allowed to be 6' x 3' so I bought the largest allowed by law. On another occasion at an apartment the mgmt tried to violate me and give me notice that one more violation would result in eviction for having a camera outside my door. The law allows for a video (no audio). So, it is not as clear cut as what is in the lease. These are but a few examples. Likewise, as a landlord with sufficient notice I can terminate the lease without cause...
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  8. #7
    Senior Member Array jualdeaux's Avatar
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    I asked this of my resident manager once. he told me that they'd have to throw him out as well. LOL

    if it is in the contract then they could get you for breach of contract and throw you out. I doubt that they could do worse.

    FWIW, Ohio just passed new legislation and part of it was that landlords can't throw someone out for having weapons in the apartment. I'm not sure if that was just limited to CHL holders though.
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  9. #8
    VIP Member Array MitchellCT's Avatar
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    You have no second amendment rights against anyone other than the United States government, and even those rights are not clearly defined by the court at this time.

    However, generally speaking, your landlord can only evict you for reasons enumerated in your lease.

    As long as you are paying your rent and do not violate any other provisions of your lease, I don't see an eviction being successful.

  10. #9
    VIP Member Array Cupcake's Avatar
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    I think I recall reading that one couldn't be evicted for guns in a rental...maybe that was MI statute?
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  11. #10
    Distinguished Member Array Agave's Avatar
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    Generally, the reasons for eviction are very specific and must be outlined in the lease.
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    VIP Member Array farronwolf's Avatar
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    Yep, just read the lease. Nothing in it prohibiting guns, then he can't give you the boot for that.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    Member Array tflhndn's Avatar
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    The queston is: are you still under the initial terms of the lease (usually one year) or have you carried over into a "month-to-month" lease?

    If you are still under the calendar terms of the lease, you should be fine (absent language in the lease baring weapons).

    If you are in the "holdover" or month-to-month phase, he can terminate the lease with notice (usually 30 or 60 days as specified in lease) for any or no reason at all.

    read the lease.

    IANAL, but I am a licensed real estate agent and landlord

  14. #13
    Member Array GT3326's Avatar
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    oFten leases allow a landlord to change the lease with proper notice.Just as cities try to control guns i can see where a landlord might wish to. In this case ,it is probably in the lease.Has anyone ever faced this situation ? sorry i can't resist this little guy !

  15. #14
    Senior Member Array Duisburg's Avatar
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    never had a problem, even with guns stuck in numerous corners as he fixed my sink :)
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  16. #15
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by rolyat63 View Post
    I agree with the statements above with the following exceptions. Contract law does not trump landlord tenant law.
    Wrong. Contract law generally does trump statutory landlord-tenant laws, unless statotory provisions specifically state otherwise.

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