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by JP171
Sun Feb 19, 2012 11:13 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29319

Re: Can A Landlord Do This?

texman45 wrote: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.
by JP171
Sun Feb 19, 2012 9:18 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29319

Re: Can A Landlord Do This?

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
by JP171
Sun Feb 19, 2012 9:06 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29319

Re: Can A Landlord Do This?

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
by JP171
Sun Feb 19, 2012 8:50 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29319

Re: Can A Landlord Do This?

short answer is no they cannot

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