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I submitted my changes with this clause crossed out and without further comment; I'm waiting for a reply.

As to chuckybrown's comment:

I'd approach this very simply: the landlord wants a no firearms clause? It's a trade off. You say "sure, I'm ok with this. We' modify in the indemnification clause whereby the landlord exempts self-indemnification for safety issues, and accepts responsibility for the the safety and well being of the lessee and its' employees, customers, and vendors at all times".

It's an interesting idea, but of course, the LL does have other clauses specifically stating that they are under no obligation to provide security or to indemify against injury or death in the Premises, and I doubt that they would modify this; however I added a provision that Tenant is allowed to provide their own "security measures." While not specifically mentioning firearms as one of the measures, I think this plus the cancelation of the weapons clause would give me some scope.

I will give updates to the extent possible (yet another provision in the Lease would make the Lease terms confidential, so if the Lease ever gets executed, then no update).

The broader lesson here for everyone is this: check your Lease terms carefully!! As I mentioned, this was an obscure provision in a very long document and would be very easy for one to miss.

"I bet they are also out of state"

I'm sorry to say, but you would lose that bet, the LL is a subsidiary of a major real estate developer based in Dallas.

One other thing I forgot to mention. I interviewed a few other existing tenants, and it became apparent to me they hadn’t substantially read the Lease (at best, they just hired a lawyer to read it)—this thing is buried as one of several line items in one of several Appendices of the Lease.

It does makes me wonder how wide-spread this is in other Lease agreements. Have you read yours??

I am considering leasing commercial property as a tenant to conduct my business (medical services) in the DFW area. As I reviewed the Lease, one provision caught my eye:

“Tenant will not permit any Tenant Party to bring onto the Project any handgun, firearm or other weapons of any kind, illegal drugs or, unless expressly permitted by Landlord in writing”

Elsewhere in the Lease a “Tenant Party” is defined as: “Tenant; any assignees claiming by, through, or under Tenant; any subtenants claiming by, through, or under Tenant; and any of their respective agents, contractors, employees, licensees, guests and invitees”

Also elsewhere in the Lease the “Project” is defined as the entire building that the Premises is located in. The building has residential apartments on the upper floors and commercial spaces on the ground floor.

So, beside myself not being able to carry, “weapons of any kind,” neither could my employees, or even customer! Even if I wanted to, I obviously couldn’t enforce it without searching everyone entering the premises.

I will strike out the provision—but if the LL insisted on this provision I’m NOT sure what to do. I would prefer not to walk away from what otherwise is a good deal.

I can chose to sign the Lease and just ignore the provision, but if there was ever a case where, e.g., I or an employee used a handgun in self-defense, then I would be in breach of the Lease and the LL could find me in default.

I would be interesting on hear any comments on whether or not provisions like this are common in commercial leases, and, are they even legally enforceable.