Carlos Hathcock
.450/400 Nitro Ex
Correct. Month to month renter, yes. Lease, no.
Landlord Tells Harvard Student to Move Out Over Legally Owned Guns
- Thread starter livingston
- Start date
Karpteach
6.5 Creedmoor
She should sue the crap outta the roommates and the landlord. This is the only thing that the liberals understand
eris
.45 acp
Came here to post about this. I've said for a while now that this sort of active discrimination against gun owners was coming. We need to start pushing for legislation to make it illegal to discriminate against gun owners, or against anyone who is simply exercising their rights.
You have the right to remain silent...................
Acer-m14
.950 JDJ
but lets have safe storage laws for just gun owners .. a closed door is a closed door .. lock or not ..
my front door or back one is not ok on the house .. only the one on the gun safe .. or my car or truck .. Fk them ..
wish she would have held a gun party there when she first seen of the snooping ..
my front door or back one is not ok on the house .. only the one on the gun safe .. or my car or truck .. Fk them ..
wish she would have held a gun party there when she first seen of the snooping ..
Once a landlord signs a lease with a tenant, and accepts money, he has sold some of the rights to that property for the lease term. So it’s not his (exclusive) property any more, he has sold it.
It’s a conditional sale, and most leases have restrictions (you can’t sublet, for example, or the property reverts back to the landlord).
So it’s not “my property, my rules.” You sold some of the rights to your property, and you can’t change your mind on a whim unless the contract provides for early termination. It’s not simply your property any more.
This would be like buying a car but later the dealership calls you up and says “oh the salesman gave you too good of a deal, so give I back, but don’t worry you don’t have to make any more payments.”
This has nothing to do with New York law, this is pure contract common law.
It’s a conditional sale, and most leases have restrictions (you can’t sublet, for example, or the property reverts back to the landlord).
So it’s not “my property, my rules.” You sold some of the rights to your property, and you can’t change your mind on a whim unless the contract provides for early termination. It’s not simply your property any more.
This would be like buying a car but later the dealership calls you up and says “oh the salesman gave you too good of a deal, so give I back, but don’t worry you don’t have to make any more payments.”
This has nothing to do with New York law, this is pure contract common law.
Marine Cpl
.577 Tyrannosaur.
Guys. The Constitution is protections from the government. Not private businesses. Darth is correct on that point.
Saltwater60
.950 JDJ
I would have the girls that broke into my room arrested for breaking and entering. If that was her private room they had no business doing so.
Cleck
.308 Win
True, but they stated that owning a business and being a landlord are two different things and don't apply here, unless I missed something.
In a way, I'm surprised that gun ownership hasn't been called a way of life for some and that discriminating gun owners purely for the fact that they own guns should be a crime. I'm guessing that it's not considered discrimination or anything else is because that's what it is, a way of life. It's not a sexual orientation, a religious preference, etc. It's just a preference. Would be interesting to see it handled like that though.
Would gun ban violate tenants' rights?
Would gun ban violate tenants' rights?
Rent it Right
BYJANET PORTMAN
FEB 14
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Q: We own several large apartment complexes. After all that’s happened recently, we have decided that we do not want firearms on the property. Can we prohibit tenants from keeping them on the premises? Our manager says no, that people have a constitutional right to keep arms. –Dave and Bea M.
A: You do have a legal right to prohibit the keeping of firearms at your properties, just as you can prohibit tenants from keeping pets or parking oversize vehicles in your parking lots.
Your manager’s concerns are a bit off the mark: The United States Constitution (specifically, the Second Amendment, which concerns the people’s "right to bear arms") is aimed at the government, not at individuals like you. So, while recent Supreme Court decisions have struck down attempts to restrict gun ownership, these cases have all involved states or localities whose laws have been found to infringe on the amendment. You are neither a state nor a locality. You are simply a business owner who has wide latitude in deciding how your run the business.
Should you instigate such a policy at your properties — more on how to do that below — you should be prepared for another argument you’re likely to hear. "That’s discrimination against gun owners!" will surely be lobbed your way. Again, nothing to fear, legally. That’s because gun owners are not a protected group under federal, state or local laws.
Unlike members of a race, religion, ethnicity and so on, gun owners enjoy no protection from negative treatment aimed at them simply because they happen to own guns. You certainly can’t target protected groups with your policy, such as applying it to members of a particular race only, but you can refuse to rent to every applicant who wants to keep guns on the property.
Now you must think about how to implement your new policy. For those tenants who have leases, you’ll have to wait until the leases are up to insert your new clause. You can’t impose your new rule on tenants who are midlease, because doing so would entail a unilateral change in an important term or condition of the rental, which is exactly what a lease is intended to prohibit. But if you have month-to-month tenants, you can announce your new policy with proper notice, which is 30 days in most states. Tenants who are unhappy with the new rule will presumably refuse to sign your new lease or monthly agreement. If they don’t move out voluntarily, they’ll be candidates for eviction.
Leads are easy — closing them is hard
Why smart tech matters, but it won’t carry you over the finish line READ MORE
It will be very difficult, however, to ensure that tenants are following your new policy. Unlike a ban on pets or oversize vehicles, it will be tricky to enforce a gun ban because it may be very hard to catch rule-breakers. Landlords and neighbors can readily see pets and RVs, but it’s quite possible that people will keep guns without anyone ever knowing about it.
Privacy laws in most states will prevent you from inspecting your tenants’ homes for evidence of violations. And ironically, if rule-breaking tenants take steps to keep firearms out of reach and locked away (as they should for safety reasons), it will be harder still for you or any guest or repairperson to spot them while in the unit on legitimate business.
Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord’s Legal Guide" and "Every Tenant’s Legal Guide." She can be reached at janet@inman.com.
Contact Janet Portman:
Email
Letter to the Editor
EMAIL SHARING:
SHARE ON SOCIAL:
Would gun ban violate tenants' rights?
Rent it Right
BYJANET PORTMAN
FEB 14
EMAIL SHARING:
SHARE ON SOCIAL:
Q: We own several large apartment complexes. After all that’s happened recently, we have decided that we do not want firearms on the property. Can we prohibit tenants from keeping them on the premises? Our manager says no, that people have a constitutional right to keep arms. –Dave and Bea M.
A: You do have a legal right to prohibit the keeping of firearms at your properties, just as you can prohibit tenants from keeping pets or parking oversize vehicles in your parking lots.
Your manager’s concerns are a bit off the mark: The United States Constitution (specifically, the Second Amendment, which concerns the people’s "right to bear arms") is aimed at the government, not at individuals like you. So, while recent Supreme Court decisions have struck down attempts to restrict gun ownership, these cases have all involved states or localities whose laws have been found to infringe on the amendment. You are neither a state nor a locality. You are simply a business owner who has wide latitude in deciding how your run the business.
Should you instigate such a policy at your properties — more on how to do that below — you should be prepared for another argument you’re likely to hear. "That’s discrimination against gun owners!" will surely be lobbed your way. Again, nothing to fear, legally. That’s because gun owners are not a protected group under federal, state or local laws.
Unlike members of a race, religion, ethnicity and so on, gun owners enjoy no protection from negative treatment aimed at them simply because they happen to own guns. You certainly can’t target protected groups with your policy, such as applying it to members of a particular race only, but you can refuse to rent to every applicant who wants to keep guns on the property.
Now you must think about how to implement your new policy. For those tenants who have leases, you’ll have to wait until the leases are up to insert your new clause. You can’t impose your new rule on tenants who are midlease, because doing so would entail a unilateral change in an important term or condition of the rental, which is exactly what a lease is intended to prohibit. But if you have month-to-month tenants, you can announce your new policy with proper notice, which is 30 days in most states. Tenants who are unhappy with the new rule will presumably refuse to sign your new lease or monthly agreement. If they don’t move out voluntarily, they’ll be candidates for eviction.
Leads are easy — closing them is hard
Why smart tech matters, but it won’t carry you over the finish line READ MORE
It will be very difficult, however, to ensure that tenants are following your new policy. Unlike a ban on pets or oversize vehicles, it will be tricky to enforce a gun ban because it may be very hard to catch rule-breakers. Landlords and neighbors can readily see pets and RVs, but it’s quite possible that people will keep guns without anyone ever knowing about it.
Privacy laws in most states will prevent you from inspecting your tenants’ homes for evidence of violations. And ironically, if rule-breaking tenants take steps to keep firearms out of reach and locked away (as they should for safety reasons), it will be harder still for you or any guest or repairperson to spot them while in the unit on legitimate business.
Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord’s Legal Guide" and "Every Tenant’s Legal Guide." She can be reached at janet@inman.com.
Contact Janet Portman:
Email
Letter to the EditorEMAIL SHARING:
SHARE ON SOCIAL:
@thewheels
.308 Win
Agreed. With that out of the way, Why can't a landlord add stipulations regarding political party or religion?
From the link I posted in post #70
Unlike members of a race, religion, ethnicity and so on, gun owners enjoy no protection from negative treatment aimed at them simply because they happen to own guns. You certainly can’t target protected groups with your policy, such as applying it to members of a particular race only, but you can refuse to rent to every applicant who wants to keep guns on the property.
@thewheels
.308 Win
Which is crap. The BOR wasn't written to apply to businesses and landlords.
Correct! Which is why they can ban firearms in a lease.
Marine Cpl
.577 Tyrannosaur.
He could. He can ask those questions before he gives the lease and refuse to lease it to them.
Housing Discrimination: FAQs - FindLaw
What type of housing discrimination is illegal when it comes to property rentals?
The federal Fair Housing Act, the Fair Housing Amendment Acts (42 U.S. Code 3601-3619, 3631), and many state and local laws prohibit a landlord from selecting tenants based on certain protected criteria. A landlord may not refuse to rent to a tenant for the following reasons:
What type of housing discrimination is illegal when it comes to property rentals?
The federal Fair Housing Act, the Fair Housing Amendment Acts (42 U.S. Code 3601-3619, 3631), and many state and local laws prohibit a landlord from selecting tenants based on certain protected criteria. A landlord may not refuse to rent to a tenant for the following reasons:
- Race or color
- National origin
- Religion
- Disability or handicap, including physical and mental impairment
- Sex, including sexual harassment
- Familial status (includes protection for people with children under age 18 or pregnant women)
Marine Cpl
.577 Tyrannosaur.
Although that law is in the books, people don't get rented property all the time. It's hard to prove if you are a Muslim, black man for example that you didn't get rented property because of it.
Before I bought my place and rented, I had to consent to a background and financial check. More than once I was told that the place was rented to someone else. I suspected it was because I was in my early 30's and they probably thought I'd be partying or bringing women around.
People rent only to old couples all the time. There are ways to weed out people that you don't want to rent to.
Before I bought my place and rented, I had to consent to a background and financial check. More than once I was told that the place was rented to someone else. I suspected it was because I was in my early 30's and they probably thought I'd be partying or bringing women around.
People rent only to old couples all the time. There are ways to weed out people that you don't want to rent to.
Last edited:
Cleck
.308 Win
Just what I figured when I mused that gun owners aren't a protected type of people like religion and sexual preference. It sucks, but it is what it is. The bit about not being able to find out because of privacy is nice though. Like many have said here before, "concealed is concealed". Since your landlord can't go snooping around, I wonder what happens if your roommates go snooping around and uncover something the landlord likely would never have seen.
Bob
6.5 Creedmoor
Since the anti's are always accusing us of sexual relations with our firearms, why not claim 'ammosexual' as a sexual orientation and thereby a protected class?
byron
.308 Win
Just join this church then it becomes a religion 
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Doc8404
.450/400 Nitro Ex
WTF is that?
byron
.308 Win
eris
.45 acp
https://realestate.usnews.com/real-...imits-can-your-landlord-put-on-gun-possession
So it sounds like it's down to state law. In some states landlords cannot prohibit guns, in others they can. You guys in NY are probably screwed, but I'm thinking this might be something good to bring up in the next legislative session in Texas and get the protection in place before the politics down here shifts too far.
So it sounds like it's down to state law. In some states landlords cannot prohibit guns, in others they can. You guys in NY are probably screwed, but I'm thinking this might be something good to bring up in the next legislative session in Texas and get the protection in place before the politics down here shifts too far.
Acer-m14
.950 JDJ
property for rent .. you will need 2 forms of ID, Work pay stubs for the last 3 months and your voter registration information .. Democrat ; no renting .. denied ..
they would be on you like white on rice
they would be on you like white on rice
OwnTheRide
.44 mag
Wrong.
Despite changing your claim, you're still wrong.
Read up on renter's rights and get back to us with something that isn't complete bullshit. Good god.