Colorado property management company tells tenets...

[Binary_Digit]

Guns are protected by the Constitution though, not dogs.

The right to own dogs is implied. See the 9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

 

[Jetboogieman]

Because it goes on the outside of the building.
If everyone had a satellite dish and a major storm came through, the building owner would be liable for damage of flying satellite dishes.
I am talking about inside.

Irelevent.

The point still stands.

Owners of units that rent out can ask whatever they want of tenants to a certain degree.

The thing I got from my property management company was 70 pages long.

I don't always agree with it But I've always got the option of living elsewhere if I choose. .

In this case, this property company will lose many clients and the world keeps spinning.

 

[rocket88]

If you live in an apartment, they probably won't let you put signs for a political candidate on the lawn. Is that abridging the First Amendment?

 

[Black Dog]

Unfortunately Jet is absolutely correct. The property owner has the right to set rules and policies as long as they do not discriminate by race, religion or sex etc. Guns, pets and other items can be denied in the lease. If you do not abide by that lease you can legally be kicked out, period.

PS you can try a lawsuit, and you will lose.

 

[CRUE CAB]

Dear Castle Rock Apartments,


Please do not create a voluntary contract with your tenants and potential tenants which is to your liking.
Please make a contract which is pleasing to me, someone who will never rent from you otherwise contribute to your business.
The reason you should do this is because I think you should.


Sincerely,


Concerned Busybody

It should read.
Dear Castle Rock Property Management.
Thank you for exposing the reality of your political beliefs and nice try at making me surrender my 2A rights.
I will be keeping my firearms for the protection of my family, unless you are willing to provide armed protection 24/7/365 at the address that I rent from.
Failure to provide such protection I will continue to provide protection for my family and my self as I see fit.
Any attempt to have me evicted, non renewed or my apartment searched in lieu of our previous agreement will force me to seek legal council.
I can assure you no matter how liberal you think the state of Colorado has become I doubt you will find a judge to find your way. As well as a lawyer to take up the matter on your behalf.
Sincerely.

 

[notquiteright]

I run into this from time to time with pitbulls. Landlords will allow pets in the lease but then wheh their insurance skyrockets or gets cancelled because the tenant has a pitbull, my response is always the same even if they are my client--sucks for you. I asked about pets when I drafted your lease and you said yes. Gotta wait until the lease is up or convince them to move voluntarily.

As far as leases go, most apt complexes, housing communities that lease or rent, and multi-duplex communities I can't say I know of too many landlord/management agencies that let the renter/lessee's attorney draw up the agreement. Most use their 'corporate' form with a slue of addendums.

I have a copy of a 9 page apartment contract to rummage through- a fun filled document it is. #13 is a right of inspection which allows the staff to enter the apartment for work and to ensure the unit is being kept-up. Might be an 'in' to perform a firearms check of the unit. #21 is rules and regulations which pretty much says the management can change any rule as long as the change applies to all residents and written notice is given. This contract uses 30 days.

I'd say this contract would allow the landlord to evict all pitbulls 30 days after giving notice.

Now the news story was a bit odd. The retired soldier claims his firearms makes him feel secure but he also claims he keeps them secure in a safe. (most of us would struggle to come awake and alert enough to get to a safe, open it and present- much less a senior citizen.)

Being a renter does have a few downsides.

 

[TheNextEra]

Because it goes on the outside of the building.
If everyone had a satellite dish and a major storm came through, the building owner would be liable for damage of flying satellite dishes.
I am talking about inside.

Inside some people are not allowed to have dogs, yet owning a dog is legal. In most apartments, you are not allowed to bring in a waterbed, owning a waterbed is legal. Yes, the owner DOES have a right to tell you what you can and cannot bring in.

 

[Jetboogieman]

Unfortunately Jet is absolutely correct. The property owner has the right to set rules and policies as long as they do not discriminate by race, religion or sex etc. Guns, pets and other items can be denied in the lease. If you do not abide by that lease you can legally be kicked out, period.

PS you can try a lawsuit, and you will lose.

I'm some people are seeing the ****ing light here.

Again I don't support the decision as I'm sure you don't.

But that's the way it is, don't rent with them if you don't like it.

Some peoples blinders are on here big time.

 

[Simon W. Moon]

It should read.
Dear Castle Rock Property Management.
Thank you for exposing the reality of your political beliefs and nice try at making me surrender my 2A rights.
I will be keeping my firearms for the protection of my family, unless you are willing to provide armed protection 24/7/365 at the address that I rent from.
Failure to provide such protection I will continue to provide protection for my family and my self as I see fit.
Any attempt to have me evicted, non renewed or my apartment searched in lieu of our previous agreement will force me to seek legal council.
I can assure you no matter how liberal you think the state of Colorado has become I doubt you will find a judge to find your way. As well as a lawyer to take up the matter on your behalf.
Sincerely.

You live in these apartments?

On what grounds will your legal counsel take action if Castle Rock chooses not to rent to you after your lease expires (non-renewal) because you choose not to abide by the rental agreement they offer?

I know that there are certain reasons that refusal to rent to someone can get a landlord in trouble. But I don't think that refusal to abide by the lease is one of the protected categories.

 

[Arbo]

USC, Title 42, Chapter 21, subchapter 1:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

 

[CanadaJohn]

I don't know all the laws related to landlord/tenant relationships in all American jurisdictions, but it sounds to me like there are an awful lot of places in the US where there are precious few tenant protections in place.

Here, in Toronto, as an example, no landlord can legally bar a tenant from owning a dog unless the rental property is a single family home or the property is a condo with a condominium constitution and rules of residence. Likewise, once a property is rented to someone, the landlord has no say over what you have in/on the property unless what you have is against the law, or damages either the property itself or the neighborhood.

In addition, once a tenant signs a lease here, that lease continues to be in effect on a month to month basis until such time as both parties enter into a new lease or, failing that, until one of the parties gives notice that either they are leaving or being evicted and there are strict rules as to what constitutes grounds for eviction.

Bottom line, if a property management company in Toronto tried this, they'd be laughed out of the building and if they tried to enforce it, they wouldn't be able to - some tenants may be cowed into doing it, but that's only because they wouldn't understand their rights.

 

[CRUE CAB]

You live in these apartments?

On what grounds will your legal counsel take action if Castle Rock chooses not to rent to you after your lease expires (non-renewal) because you choose not to abide by the rental agreement they offer?

I know that there are certain reasons that refusal to rent to someone can get a landlord in trouble. But I don't think that refusal to abide by the lease is one of the protected categories.

Non renewal is based on previous termination of lease clauses in your rental contract.
You just cant make something up half way through.

 

[Simon W. Moon]

USC, Title 42, Chapter 21, subchapter 1:

You're going to argue that a rental agreement is a "statute, ordinance, regulation, custom, or usage, of [a] State or Territory or the District of Columbia"?

Please begin to make you case. I look forward to it.

 

[CRUE CAB]

Inside some people are not allowed to have dogs, yet owning a dog is legal. In most apartments, you are not allowed to bring in a waterbed, owning a waterbed is legal. Yes, the owner DOES have a right to tell you what you can and cannot bring in.

Dogs many times can be destructive, as can cats. A water bed is a potential overweight for the flooring issue and can also leak doing further damage to property below.

 

[Fisher]

As far as leases go, most apt complexes, housing communities that lease or rent, and multi-duplex communities I can't say I know of too many landlord/management agencies that let the renter/lessee's attorney draw up the agreement. Most use their 'corporate' form with a slue of addendums.

I have a copy of a 9 page apartment contract to rummage through- a fun filled document it is. #13 is a right of inspection which allows the staff to enter the apartment for work and to ensure the unit is being kept-up. Might be an 'in' to perform a firearms check of the unit. #21 is rules and regulations which pretty much says the management can change any rule as long as the change applies to all residents and written notice is given. This contract uses 30 days.

I'd say this contract would allow the landlord to evict all pitbulls 30 days after giving notice.

Now the news story was a bit odd. The retired soldier claims his firearms makes him feel secure but he also claims he keeps them secure in a safe. (most of us would struggle to come awake and alert enough to get to a safe, open it and present- much less a senior citizen.)

Being a renter does have a few downsides.

Yours might say lots of things and the people across the street might say other things, that is the nature of Landlord-Tenant law. I have done individual leases, apartment leases, condo set ups, and multiple commercial leases and modified existing leases. Very few of them are precisely alike unless they originate from the same source. Even on the pet thing the residential leases run the gauntlet between no pets of any kind, to certain pets, to anything except certain pets, to any pet. On the tenant side it is pretty easy--you just have to drag your feet to buy time until your client's lease is up since 1 year is the standard term in my area on residential property. Commercial leases get a little more complicated.

 

[Simon W. Moon]

Non renewal is based on previous termination of lease clauses in your rental contract.
You just cant make something up half way through.

They didn't change the lease.
They updated "community policies." Presumably, the agreement to abide by community policies is in the lease.

 

[TheNextEra]

Dogs many times can be destructive, as can cats. A water bed is a potential overweight for the flooring issue and can also leak doing further damage to property below.

The point being that YES, apartments CAN ban things that people want to bring in.

 

[CRUE CAB]

The point being that YES, apartments CAN ban things that people want to bring in.

They can not ban a constitutional right that is protected. Only if is is alignment with state or local laws.
How they will get around it, or try. Is through their insurance carrier.
But they are opening up a can of worms that I dont think they are going to win.

 

[CRUE CAB]

They didn't change the lease.
They updated "community policies." Presumably, the agreement to abide by community policies is in the lease.

Unless you open carry, how are they going to know?

 

[TheNextEra]

Unless you open carry, how are they going to know?

As was pointed out in many leases there is a clause that they can go into your residence to check on the condition of it.

 

[TheNextEra]

They can not ban a constitutional right that is protected. Only if is is alignment with state or local laws.
How they will get around it, or try. Is through their insurance carrier.
But they are opening up a can of worms that I dont think they are going to win.

Again, as a private home owner you cannot carry in my residence if I say you can't. Same goes for an apartment property. An apartment complex is PRIVATE property.

 

[specklebang]

FWIW I am a landlord and I ban smoking and dogs. Am I violating their rights?

 

[Simon W. Moon]

They can not ban a constitutional right that is protected.

Does the Bill of Rights limit the ability of the government or the abilities of the electorate to engage in contracts?

Is the apartment complex the government?

 

[CalGun]

Not completely true. Property management / owners of rental property are not allowed to discriminate against races, not allowed to deny housing to homosexuals, or disabled people. (which I have no issue with at all) However why are they thus allowed to discriminate against a gun owners - for example someone who must maintain a firearm for their employment?

Private property management companies can tell their clients anything they want really.

For all intents purposes, the units they let out are still their property, as such they can demand almost anything of the tenants in terms of standards for living in those units.

Whether you agree with the company or not... And I certainly don't...

They can say and do what they want, and people are free to go live somewhere else.

That's the way it works.

But alas... The 3rd party feeling of persecution by gun owners in this thread shall now rain down like a Orlando afternoon thunderstorm.

 

[CalGun]

Unless you don't want to rent to a homosexual, an athiest, a Muslim, a black person, a Hispanic person, an Asian, Indian or other nationality. It is nonsesense to say your complex is "private" and you can do what you want - that simply is not true.

Again, as a private home owner you cannot carry in my residence if I say you can't. Same goes for an apartment property. An apartment complex is PRIVATE property.