Apartment lease restricting firearms

[Turban cowboy]

In my lease at my apartments it states I cannot carry in the common areas, including the pool, gym, and/or the club house. However, there are no signs stating 30.06 or 30.07 anywhere. My question is, does state law supersede any written in lease agreement? Especially if no signage exists anywhere? And what about parking lots? I.e carrying firearms from apartment to car when going to the range or EDC.

[ScottDLS]

In my lease at my apartments it states I cannot carry in the common areas, including the pool, gym, and/or the club house. However, there are no signs stating 30.06 or 30.07 anywhere. My question is, does state law supersede any written in lease agreement? Especially if no signage exists anywhere? And what about parking lots? I.e carrying firearms from apartment to car when going to the range or EDC.

The language doesn't make them able to criminally charge you for carrying in the common areas, only 30.06/7 notice would do that. I suppose they could find you in breach of your lease if you do so and evict you. Though I highly doubt they will do that if you pay your rent on time, I guess it's possible. I would conceal carry, which is not a crime unless they post 30.06/7 and not even then if you are going to/from your car/apartment.

[george72]

IIRC another person posted about this in the last couple of weeks also. Is it a TAA lease, like this http://www.taa.org/images/assets/PDF/re ... forweb.pdf ?

possessing a weapon prohibited by state law; discharging a firearm in the apartment community;
displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others;

Emphasis mine. I personally don't think that a holstered weapon in Texas should cause alarm.

I am not a lawyer. I am just interested in the topic.

[earlwb]

I am also not a lawyer as well. But the apartment owner owns the buildings. The owner can set rules and regulations that the renters or lease holders have to abide by. Thus they could restrict guns on their property. Since Texas does say that an apartment that you are renting is considered your home then the owner is more limited there. Plus Texas has the TAA laws in place too. But the owner could evict a renter or lessor if they failed to abide by the owner's rules. So if one wants to push it then they better be prepared to move, just in case.

[The Wall]

I don't think they can restrict your route to and from your apartment. I would carry concealed and stay out of the common areas specified in the lease. Why would did you sign the lease. I think it's the same thing as verbal notice. Maybe you can get out of the lease on the grounds they are infringing on your rights.