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RoyGBiv wrote: ↑Mon Apr 10, 2023 9:22 am

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.

Just for completeness, probably worth pointing out that 94.257 covers LEASED premises only...
82.121 covers OWNED property (specifically Condos)... providing protection for Condo owners, tenants and guests.

Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or firearm ammunition on condominium property is prohibited by state or federal law, a condominium unit owner, or a tenant or guest of a condominium unit owner, or a guest of a tenant of a condominium unit owner may not be prohibited from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the condominium unit owner's unit;
(2) in a vehicle located in a parking area provided for the residents or guests of the condominium property; or
(3) in other common element locations as necessary to:
(A) enter or exit the condominium property;
(B) enter or exit the condominium unit owner's unit; or
(C) enter or exit a vehicle on the condominium property or located in a parking area provided for residents or guests of the condominium property.
(b) This section applies notwithstanding any provision of a dedicatory instrument to the contrary and regardless of the date of the provision's adoption.

Thanks for the extra info. I'd never stopped to even consider anything about HOA rules, but knew they--as any private entity--could post signage at, for example, their community center where HOA meetings are held. Condos where unit owners arguably partially own the common areas never came to mind, either.

And for the sake of precision, we identified that the quoted Section 94.257 of the Property Code deals expressly with manufactured homes. The language is essentially identical, but it's Section 92.026 that addresses apartments and "rental units."

The Annoyed Man wrote: ↑Sun Apr 09, 2023 9:20 pm I’m not a sharp legal mind, but this seems pretty straightforward boilerplate to me. It doesn’t say "no guns". It says:

Yep. That was the Texas Apartment Association example lease I found online after my buddy asked me the question and read me the clause in the lease he'd been given. The TAA boilerplate looked completely acceptable to me. The language in the one my friend had was definitely not taken from the TAA example. I checked the the TAA and the Houston Apartment Association just to see if they did have any no-gun stuff in their language. Nope.

Just for grins, I'll ask my bud to send me the text of that lease he was given. Won't mention the name of the apartment complex in Katy, though. But it'd be worth posting it here since the language is in the lease and is not enforceable in Texas.

RoyGBiv wrote: ↑Sun Apr 09, 2023 1:58 pm I believe it was the 2017 session that passed a law prohibiting owners from restricting guns on many kinds of leases and condos...

Looks like 2019, but same thing. Thanks for the additional penal code Section 30 mentions. Just to put a summary of links here (rather than emailing my Okie buddy; when he relocates to Houston he needs to join the forum ):

Texas Property Code; Chapter 92; Residential Tenancies; Sec. 92.026. Possession of Firearms or Firearm Ammunition on Leased Premises: https://statutes.capitol.texas.gov/Docs ... htm#92.026

Texas Penal Code; Title 7. Offenses Against Property; Chapter 30. Burglary and Criminal Trespass; Sec. 30.05. Criminal Trespass: https://statutes.capitol.texas.gov/Docs ... .htm#30.05 Search for "apartment"

Texas Penal Code; Title 7. Offenses Against Property; Chapter 30. Burglary and Criminal Trespass; Sec. 30.06. Trespass by License Holder with a Concealed Handgun: https://statutes.capitol.texas.gov/Docs ... .htm#30.05 Search for "apartment"

ScottDLS wrote: ↑Sun Apr 09, 2023 1:46 pm Nothing in that TAA lease above prohibits keeping legal firearms. Maybe he was mistaking some of the language or his lease differed. Regardless as posted previously, there is a state law that nullifies that provision. Having been a renter and more recently a landlord, I can tell you I really put no faith in all these boilerplate lease provisions. It's hard enough to evict someone that isn't paying their rent or violating other much more reasonable lease provisions. My point of view is "how are they going to find out, and what are they going to do about it?".

Yep; I think the TAA sample lease looks fine. But what he read me over the phone was not that language at all. More like something that came out of California.

I found essentially the same language as Tex1961 posted, but for the section expressly about leased premises, including apartments. I think that seals the deal. We'll see.

As to "how are they going to find out," I know if I moved into an apartment it could be just a tiny bit obvious. I think all those leases have "right to enter" clauses, understandably so, and it might be indication that I had two gun safes, a couple dozen stacked ammo cans, probably 50 spare AR-15 and AR-10 magazines, a dozen holsters, five long-gun cases, two range bags, a stack of targets and a big cardboard roll of paper IDPA targets, a 7-foot metal shelving unit full of cleaning supplies, wrenches and screwdrivers and AR-15 tools, spare parts, scope mounting and leveling kits, a gun vise, range bench rest, spotting scope...

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.

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.

I thought this was simple question when I was asked, but now I'm not so sure.

Can apartments in Texas treat gun owners as a class of people that they can refuse to rent to? Can they evict if there is a "no guns" policy in the lease?

I remember discussions here about hotels, and that while a no-guns policy could apply to the common areas, that it couldn't apply to your room or travel directly to/from the room. I thought it would be the same for leased domiciles. Am I wrong?

I have a friend from Oklahoma who's looking to relocate near the Houston energy corridor for work. He was down last week looking at apartments. He knows I shoot and have an LTC, and he called me yesterday about a blank lease he'd picked up from a promising apartment complex in Katy. There is a very clearly worded no guns whatsoever policy clause in the lease. He asked me if that was legal in Texas. I started to answer, and then told him I honestly didn't know.

I found this sample lease agreement from the Texas Apartment Association, and it has a clause that I would consider reasonable:

11.1. Prohibited Conduct. You, your occupants, and your
guests will not engage in unlawful, discourteous or
unreasonable behavior including, but not limited to, any of
the following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;

Any of your sharp legal minds familiar with this apartment business? Can they keep you out because you legally own a firearm?