Can A Landlord Do This?

[texman45]

The Texas apartment complex I live in was bought out by an out-of-state company. Last month a booklet was stuck in our doors stating that the rules included in this booklet are now part of our lease and must be followed. One of the rules is regarding firearms and states that possession of firearms of any kind can cause a tenant to be evicted for "Material Non-Compliance" and/or "Other Good Cause." It goes on to say that it is prohibited for any tenant's guest or visitor to bring firearms onto the property, including storing them in their vehicle while visiting, and that the tenant is responsible for this. These rules were not in the lease when I signed it. Can a landlord of a Texas rental property evict a tenant who legally possesses a firearm, or who has a visitor who is carrying with a valid CHL (or even a visitor without a CHL who has a gun legally stored in their automobile?) There is no 30.06 currently posted on the property. Can they post a 30.06 for rental apartments? Thanks in advance.

[Liberty]

They can't change the terms of a lease or any other contract without you agreeing to it (signing it).

[jmra]

http://m.knoxnews.com/news/2009/oct/28/ ... ants-guns/

Not sure about TX but landlords in at least some states can restrict firearms via lease. I would think they couldn't change your current lease until its up for renewal.

[puma guy]

Even if they post the parking lot 30.06 I believe you and visitors would be covered under MPA. As already stated the terms of a lease cannot be changed except with mutual agreement. Not being able to defend your abode under the Castle Doctrine may be unenforcable but IANAL. I would think there would be serious liability on the owners for any crimes commited against tenants as well if they are preventing them from defending themselves, but I may be wrong on that point.

[apostate]

Check your lease. Does it have a clause substantially similar to the following?

COMMUNITY POLICIES OR RULES. You and all guests and
occupants must comply with any written apartment rules and
community policies, including instructions for care of our property.
Our rules are considered part of this Lease Contract. We may make
reasonable changes to written rules, effective immediately, if they
are distributed and applicable to all units in the apartment
community and do not change dollar amounts on page 1 of this
Lease Contract.

[texman45]

Check your lease. Does it have a clause substantially similar to the following?

COMMUNITY POLICIES OR RULES. You and all guests and
occupants must comply with any written apartment rules and
community policies, including instructions for care of our property.
Our rules are considered part of this Lease Contract. We may make
reasonable changes to written rules, effective immediately, if they
are distributed and applicable to all units in the apartment
community and do not change dollar amounts on page 1 of this
Lease Contract.

Yep, they do have something to that effect in the lease. So I guess my question boils down to, can a Texas landlord make such a rule regarding legal possession of a firearm in your rented apartment?

[JP171]

short answer is no they cannot

[jmra]

short answer is no they cannot

What's the long answer? Is it because of state law? TN AG says they can in TN so it must not be fed law preventing it. I am referring to inclusion in lease not changing in middle of lease.

[JP171]

they cannot change a lease in mid term and in Tx they can't restrict personal items, only who lives there and pets, not firearms as long as its in your appt, they cannot restrict you moving to and from your vehicle with said weapon

[JP171]

according to the texas law they cannot, look at chapter 92 of the texas property code, they can control what is outside but not what personal property is inside

[Jumping Frog]

This might be a good issue to add to our legislative agenda.

When landlords started prohibiting firearms in apartments after concealed carry passed in Ohio, the statute was changed to insert this little nugget:

O.R.C. 2923.126(C)(3)(b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after the effective date of this amendment (.i.e., on or after 03-14-2007) 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.

[texman45]

For this out-of-state landlord this could turn out to be a case of "be careful of what you ask for, you just might get it." This being Texas, and based on my knowledge of quite a few of my fellow tenants, I'd make a conservative estimate that 1/3 of the people who rent here have a gun in their apartment. That would be approximately 67 tenants. As it is, this landlord is having problems getting new tenants to fill vacancies. For them to evict 67 tenants would be imbecilic. For them to evict just one or two of the 67 under this rule and not the others would be discriminatory (I think).

JP171 - I looked up Chapter 92 of the Texas Property Code and you are correct, it does specify landlord control of personal property outside the apartment, BUT, does this automatically exclude personal property inside? Unfortunately I can't find where our legislators put anything in that code specifically protecting tenants' rights to legal personal property inside the apartment. Perhaps that's where a new section needs to be added?

What's really bugging me is that last year, in addition to my carry pistol, I purchased a Henry Golden Boy lever action rifle and have it on display in my living room (looks really nice). With this new rule I'm thinking that now I'd better remove it and hide it in the closet. What a revolting development.

[speedsix]

..https://www.oag.state.tx.us/consumer/tenants.shtml" onclick="window.open(this.href);return false;

http://texastenant.org/" onclick="window.open(this.href);return false;

[JP171]

For this out-of-state landlord this could turn out to be a case of "be careful of what you ask for, you just might get it." This being Texas, and based on my knowledge of quite a few of my fellow tenants, I'd make a conservative estimate that 1/3 of the people who rent here have a gun in their apartment. That would be approximately 67 tenants. As it is, this landlord is having problems getting new tenants to fill vacancies. For them to evict 67 tenants would be imbecilic. For them to evict just one or two of the 67 under this rule and not the others would be discriminatory (I think).

JP171 - I looked up Chapter 92 of the Texas Property Code and you are correct, it does specify landlord control of personal property outside the apartment, BUT, does this automatically exclude personal property inside? Unfortunately I can't find where our legislators put anything in that code specifically protecting tenants' rights to legal personal property inside the apartment. Perhaps that's where a new section needs to be added?

What's really bugging me is that last year, in addition to my carry pistol, I purchased a Henry Golden Boy lever action rifle and have it on display in my living room (looks really nice). With this new rule I'm thinking that now I'd better remove it and hide it in the closet. What a revolting development.

under normal rules of law it does in fact disallow a lanlord/mgmt company from enforcing property restricions inside, as in if it does not state that it is allowed then it is NOT allowed. this falls under presumptive rights or what ever its actually called. it is the same idea that they cannot tell you that you may not keep your tools of the trade in your residence unless your tools are hazardous substances. same idea as the city making laws concerning weapons, and that is state preemption and it is also presumtive.

[dihappy]

Most answers to this type of question actually allow the landlord to prohibit items such as weapons.

Common sense tells me that if a contract is signed which states you WILL NOT have weapons such as handguns in the apartment you are renting, then you are bound by that agreement.

If you do not agree, you dont have to rent there.

However changing a contract after the fact is another animal altogether.

I do remember some contracts stating that policy/rules can be changes with or without notice, however im not sure how the state views such wording.

As to YOUR rental agreement affecting what YOUR friends have in their cars or not, seems to me like total hogwash.

Theres no way a court would side with the landlord for trying to evict you for something your "friends" did before they even entered your apartment, or even after. What if a friend never told you or lied to you about having a gun in his/her car, on his/her person?

The landlord would have to put up 30.06 sign in the parking entry.