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by ScottDLS
Sun Apr 09, 2023 1:46 pm
Forum: General Texas CHL Discussion
Topic: Texas Renters' Rights
Replies: 16
Views: 7957

Re: Texas Renters' Rights

Rafe wrote: Sun Apr 09, 2023 10:57 am 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?
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?".

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