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by 03Lightningrocks
Sat Aug 22, 2009 12:17 am
Forum: General Texas CHL Discussion
Topic: grey area question
Replies: 21
Views: 2670

Re: grey area question

Charles L. Cotton wrote:Depending upon the crime in your area and the security provided by the owner and/or manager, you may have grounds to get out of the lease. Contact an attorney in your area.

BTW, if you do open-carry in the common areas, you're going to quickly find out that the common areas are not "your property" for purposes of TPC §46.02. In order to be "your property" the property has to be owned by you or under your control. The right to enter and use the "common area" is not tantamount to being able to control it.

Chas.
TPC §46.02 wrote:Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
  • (1) on the person’s own premises or premises under the person’s control; or

    (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person’s control.
(Emphasis added)
This is exactly how I got out of a lease at an apartment complex in Austin. My son had just moved in. His third year at UT. A month goes by and during that month parties of every magnitude were a nightly event. His car was broken into. The final straw was when a student in the apartment backing up to his was murdered. Shot in the back of the head. Turned out a drug deal gone bad. Anyway...the next weekend I moved him out of there. They tried to play hardball so I had my attorney take care of it. I was released from the lease with 11 months due on it. My total cost was about 650 dollars. It was alot but it was better than the seven thousand they were threatening to sue me for. I had video taped gang graffiti around the complex. I video taped how dark the place was at night. They would not budge until a few contacts with my attorney. We never even had to show them the video. They knew the place was dangerous.

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