TexasCHLforum.com

Rafe wrote: ↑Sun Apr 09, 2023 1:55 pm Wait! I (duh) hadn't even thought of searching the statutes for the keywords "apartment" and "firearm." Thanks, Tex1961!

PROPERTY CODE
TITLE 8. LANDLORD AND TENANT
CHAPTER 92. RESIDENTIAL TENANCIES

Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:

(1) in the tenant's rental unit;
(2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's rental unit;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests.

Added by Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 6, eff. September 1, 2019.

Unless I'm missing some other laws in some other Texas statutes, this seems pretty clear. (And makes me feel just slightly less stupid for having an initial reaction of, "No; that can't be in the lease").

Some I'm now guessing that the Katy apartment is owned by some out-of-state conglomerate and that they've either never been challenged over their lease agreement or, probably more likely, that when anyone notices the clause and says they won't sign unless it's struck out, the leasing manager gets to act all accommodating by agreeing to the demand.

I assume it isn't actually illegal for them to have that clause in the lease, that it's simply unenforceable under Texas law.

I've already given my buddy in OK the link to this thread. It'll be interesting if he likes the apartment enough to challenge them over it.

Rafe wrote: ↑Sun Apr 09, 2023 1:42 pm

Tex1961 wrote: ↑Sun Apr 09, 2023 11:38 am Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the tenant's manufactured home;
(2) in a vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's manufactured home;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or tenants' guests.

Does that apply only to mobile homes and such? Not apartments, condos, or standalone houses?

Sec. 94.001. (3) "Manufactured home" has the meaning assigned by Section 1201.003, Occupations Code.
Sec. 1201.003. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home.