Pro2A

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.

Pete Zaria

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.

Peace,
Pete Zaria.

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matiki

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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Roadrunner

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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retsupt99

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?

OMO

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rolyat63

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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jualdeaux

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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MitchellCT

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.

Cupcake

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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Agave

Generally, the reasons for eviction are very specific and must be outlined in the lease.

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