MaggieD
DP Veteran
- Joined
- Jul 9, 2010
- Messages
- 43,244
- Reaction score
- 44,664
- Location
- Chicago Area
- Gender
- Female
- Political Leaning
- Moderate
On the one hand, we might say, "Absolutely. It's his property, he can do what he wants as long as he's not discriminating based on his state's or Federal civil rights laws."
On the other, we might say, "No way. Owning a gun is a Constitutional right. My home, whether rented or NOT, becomes my private property when I sign a lease."
Should a landlord be able to add a covenant in his lease that says, "Anyone renting from XYZ Property Management is prohibited from voting in national and local elections"?
Or
"Anyone renting from XYZ Property Management is prohibited from voting Republican in national and local elections"?
Aside from such a ban being difficult to enforce, I don't think it would stand scrutiny. Management can't search my property. If I don't admit to having guns in my home, what is he to do?
On the one hand, we might say, "Absolutely. It's his property, he can do what he wants as long as he's not discriminating based on his state's or Federal civil rights laws."
On the other, we might say, "No way. Owning a gun is a Constitutional right. My home, whether rented or NOT, becomes my private property when I sign a lease."
Should a landlord be able to add a covenant in his lease that says, "Anyone renting from XYZ Property Management is prohibited from voting in national and local elections"?
Or
"Anyone renting from XYZ Property Management is prohibited from voting Republican in national and local elections"?
Aside from such a ban being difficult to enforce, I don't think it would stand scrutiny. Management can't search my property. If I don't admit to having guns in my home, what is he to do?
On the one hand, we might say, "Absolutely. It's his property, he can do what he wants as long as he's not discriminating based on his state's or Federal civil rights laws."
On the other, we might say, "No way. Owning a gun is a Constitutional right. My home, whether rented or NOT, becomes my private property when I sign a lease."
Should a landlord be able to add a covenant in his lease that says, "Anyone renting from XYZ Property Management is prohibited from voting in national and local elections"?
Or
"Anyone renting from XYZ Property Management is prohibited from voting Republican in national and local elections"?
Aside from such a ban being difficult to enforce, I don't think it would stand scrutiny. Management can't search my property. If I don't admit to having guns in my home, what is he to do?
You would have a hard time fighting the landlord because a court would most likely say there are other housing options.
And they would have a hard time enforcing it, yes? "Nope. I don't have any guns in the house." An eviction takes due process. It would get very expensive for a property management company to take that position.
I don't think it would be an eviction more of they would tell you to remove the firearm and if you refused, call the police. While you may be leasing, it is not your property. I am a landlord and our tenants have to get everything approved by us. We still own the property and we control it.
Nope. The police would have absolutely nothing to do with it. Landlords don't have force of law behind them (other than in the eviction process) unless someone is doing something that's illegal. Having a gun in one's home in Colorado is not illegal.
I don't think it would be an eviction more of they would tell you to remove the firearm and if you refused, call the police. While you may be leasing, it is not your property. I am a landlord and our tenants have to get everything approved by us. We still own the property and we control it.
Seems it would fly in the face of the Castle doctrine [least in Texas] to deny possession in your domicile.
For the record, I am for people having firearms in their home
I understand where you are coming from, but an apartment is no the same as a home. It just isn't. It's no different than them saying you can't smoke in your apartment, can't have a pet in your apartment, and other issues. At that point it also comes down to the ethics of the tenant. You sign a lease agreement and know what is spelled out in it, you should abide by it.
Excluded would be grandfathered guns., not the tenants themselves. New tenants or guns, absolutely.
Correct, assuming the rule wasn't always in place.
Personally, as soon as I knew of the restriction [infringement], off I would go. LMAO at those unprotected MoFos.
Two apartment complexes side by side. Two signs.
Notice: This apartment complex is a gun-free zone.
Notice: This one isn't.
Where do we want to live?
then they should rent from someone else or ask for an exception to be added to the lease.But what if the renter was a law enforcement agent?
Most discrimination is not illegal.Hard call, as it would be seen as discrimination.
Yeah, pretty sure this is a civil matter, not a criminal one.Nope. The police would have absolutely nothing to do with it. Landlords don't have force of law behind them (other than in the eviction process) unless someone is doing something that's illegal. Having a gun in one's home in Colorado is not illegal.
PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITYSeems it would fly in the face of the Castle doctrine [least in Texas] to deny possession in your domicile.
On the one hand, we might say, "Absolutely. It's his property, he can do what he wants as long as he's not discriminating based on his state's or Federal civil rights laws."
On the other, we might say, "No way. Owning a gun is a Constitutional right. My home, whether rented or NOT, becomes my private property when I sign a lease."
Should a landlord be able to add a covenant in his lease that says, "Anyone renting from XYZ Property Management is prohibited from voting in national and local elections"?
Or
"Anyone renting from XYZ Property Management is prohibited from voting Republican in national and local elections"?
Aside from such a ban being difficult to enforce, I don't think it would stand scrutiny. Management can't search my property. If I don't admit to having guns in my home, what is he to do?
To the best of my knowledge this is handled at the State level, and will very with each State.On the one hand, we might say, "Absolutely. It's his property, he can do what he wants as long as he's not discriminating based on his state's or Federal civil rights laws."
On the other, we might say, "No way. Owning a gun is a Constitutional right. My home, whether rented or NOT, becomes my private property when I sign a lease."
Should a landlord be able to add a covenant in his lease that says, "Anyone renting from XYZ Property Management is prohibited from voting in national and local elections"?
Or
"Anyone renting from XYZ Property Management is prohibited from voting Republican in national and local elections"?
Aside from such a ban being difficult to enforce, I don't think it would stand scrutiny. Management can't search my property. If I don't admit to having guns in my home, what is he to do?
LIS > Code of Virginia > 55-248.9
§ 55-248.9. Prohibited provisions in rental agreements.
A. A rental agreement shall not contain provisions that the tenant:
1. Agrees to waive or forego rights or remedies under this chapter;
2. Agrees to waive or forego rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Condominium Act (§ 55-79.39 et seq.), the Virginia Real Estate Cooperative Act (§ 55-424 et seq.) or Chapter 13 (§ 55-217 et seq.) of this title;
3. Authorizes any person to confess judgment on a claim arising out of the rental agreement;
4. Agrees to pay the landlord's attorney's fees except as provided in this chapter;
5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected therewith;
6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation; or
7. Agrees to both the payment of a security deposit and the provision of a bond or commercial insurance policy purchased by the tenant to secure the performance of the terms and conditions of a rental agreement, if the total of the security deposit and the bond or insurance premium exceeds the amount of two months' periodic rent.
B. A provision prohibited by subsection A included in a rental agreement is unenforceable. If a landlord brings an action to enforce any of the prohibited provisions, the tenant may recover actual damages sustained by him and reasonable attorney's fees.
"in public housing"Many states do not address the issue, while in other states like VA it is specifically illegal for landlords to disallow firearms:
An additional example is Ohio:"in public housing"
As the Army site I quoted above notes, this does not apply to private landlords.
Lawriter - ORC - 2923.126 [Effective Until1/1/2014] Duties of licensed individual.
(b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
You have to rclick and copy link. Highlighting and copying gives you broken links
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?