Tenants and Firearms
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08-08-2013, 08:43 AM
RE: Tenants and Firearms
(08-08-2013 08:17 AM)Chas Wrote:  What other restrictions should the landlord be allowed?
No atheists allowed?
No tenant shall pray on the property?
All tenants must keep Kosher?
No tenants can keep Kosher?
No meat allowed on the property?
No polyester allowed?

It is a private contract over the landlord's private property. As long as it is in the lease agreement, it is fine.

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08-08-2013, 08:54 AM
RE: Tenants and Firearms
(08-08-2013 08:40 AM)TheBeardedDude Wrote:  The landlord can put whatever they like into the lease. Be it legal or not. If you agree to it, you have put yourself in a situation that may be next to impossible to get out of without shelling out major $$$$ to get legal help. I had the advantage of being in grad school with access to a university lawyer free of charge who deals specifically with lease issues and landlords.

No, they can't legally put whatever they like in the lease.

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08-08-2013, 08:54 AM
RE: Tenants and Firearms
(08-08-2013 08:43 AM)Logica Humano Wrote:  
(08-08-2013 08:17 AM)Chas Wrote:  What other restrictions should the landlord be allowed?
No atheists allowed?
No tenant shall pray on the property?
All tenants must keep Kosher?
No tenants can keep Kosher?
No meat allowed on the property?
No polyester allowed?

It is a private contract over the landlord's private property. As long as it is in the lease agreement, it is fine.

I think Chas' point is that there are restrictions that if put into the lease and enforced, could be challenged legally and found to be illegal and voids any action the landlord takes against the renter.


What could happen is that the landlord puts in a restriction like "no guns" and (let's say they are smart enough to know they can't enforce that particular clause in their state) finds out you have guns, and then uses a different and legal clause to evict you.

Even if they are stupid enough to put in an illegal clause and try to enforce it, the renter is not the person with any power in that situation. The police don't just step in and say "no" unless the landlord is trying to evict you without sufficient notice, etc.

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08-08-2013, 08:55 AM
RE: Tenants and Firearms
Went through that bullshit too of the landlord trying to evict me and my pregnant wife illegally.

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08-08-2013, 08:56 AM
RE: Tenants and Firearms
(08-08-2013 07:49 AM)Logica Humano Wrote:  
(08-08-2013 07:44 AM)Chas Wrote:  And that right is limited by tenants' rights.

The tenant agrees to the contract provided when the property is rented.

Not necessarily. There are restrictions here as defined under the tenants rights of states. Some may say that the tenants rented domicile is subject to the same rights as property owned by a homeowner. If that's true, it can become a 2nd Amendment issue.

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08-08-2013, 08:58 AM
RE: Tenants and Firearms
Tenants rights tend to run more toward the upkeep of things provided with the rental, such as heat, water, plumbing.

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08-08-2013, 08:59 AM
RE: Tenants and Firearms
(08-08-2013 08:56 AM)Carlo_The_Bugsmasher_Driver Wrote:  Not necessarily. There are restrictions here as defined under the tenants rights of states. Some may say that the tenants rented domicile is subject to the same rights as property owned by a homeowner. If that's true, it can become a 2nd Amendment issue.

And I am arguing that those restrictions are wrong. The landlord should have the right to deny the possession of firearms on his property.

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08-08-2013, 09:00 AM
RE: Tenants and Firearms
(08-08-2013 08:56 AM)Carlo_The_Bugsmasher_Driver Wrote:  
(08-08-2013 07:49 AM)Logica Humano Wrote:  The tenant agrees to the contract provided when the property is rented.

Not necessarily. There are restrictions here as defined under the tenants rights of states. Some may say that the tenants rented domicile is subject to the same rights as property owned by a homeowner. If that's true, it can become a 2nd Amendment issue.

But a pricey one to try and prove. It isn't a simple "this is illegal" clause where the landlord will just give you your money back.

It is far and away a better idea to not sign something you are going to willingly break. Even if you think (or know) they can't legally enforce it. The landlord may seek to enforce some other aspect of the lease.

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08-08-2013, 09:03 AM
RE: Tenants and Firearms
(08-08-2013 08:43 AM)Logica Humano Wrote:  
(08-08-2013 08:17 AM)Chas Wrote:  What other restrictions should the landlord be allowed?
No atheists allowed?
No tenant shall pray on the property?
All tenants must keep Kosher?
No tenants can keep Kosher?
No meat allowed on the property?
No polyester allowed?

It is a private contract over the landlord's private property. As long as it is in the lease agreement, it is fine.

No, it's not fine; it's not even legal.

Maybe where you live the landlord has all the rights. This is not so in Massachusetts and many other states.

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08-08-2013, 09:04 AM
RE: Tenants and Firearms
(08-08-2013 08:58 AM)Anjele Wrote:  Tenants rights tend to run more toward the upkeep of things provided with the rental, such as heat, water, plumbing.

I think that's a good point. And most landlords don't put something blatantly illegal in the lease. I realize not all landlords are honest folks, but only the most complete of buffoons would do that. Like the landlord I had...

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