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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?

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.

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?

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.

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.

(e-1) It is a defense to prosecution under this section that:

(1) the license holder is:

(A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code;

(B) an owner of a condominium unit governed by Chapter 82, Property Code;

(C) a tenant or guest of an owner described by Paragraph (A) or (B);  or

(D) a guest of a tenant of an owner described by Paragraph (A) or (B);  and

(2) the license holder:

(A) carries or stores a handgun in the condominium apartment or unit owner's apartment or unit;

(B) carries a handgun directly en route to or from the condominium apartment or unit owner's apartment or unit;

(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for residents or guests of the condominium property;  or

(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for residents or guests of the condominium property.

(e-2) It is a defense to prosecution under this section that:

(1) the license holder is a tenant of a leased premises governed by Chapter 92, Property Code, or the tenant's guest;  and

(2) the license holder:

(A) carries or stores a handgun in the tenant's rental unit;

(B) carries a handgun directly en route to or from the tenant's rental unit;

(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises;  or

(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises.

(e-3) It is a defense to prosecution under this section that:

(1) the license holder is a tenant of a manufactured home lot governed by Chapter 94, Property Code, or the tenant's guest;  and

(2) the license holder:

(A) carries or stores a handgun in the tenant's manufactured home;

(B) carries a handgun directly en route to or from the tenant's manufactured home;

(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises;  or

(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises.

(f-2) It is a defense to prosecution under this section that:

(1) the basis on which entry on a leased premises governed by Chapter 92, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden;

(2) the actor is a tenant of the leased premises or the tenant's guest;

(3) the actor:

(A) carries or stores a firearm or firearm ammunition in the tenant's rental unit;

(B) carries a firearm or firearm ammunition directly en route to or from the tenant's rental unit;

(C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises;  or

(D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises;  and

(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition.

(f-3) It is a defense to prosecution under this section that:

(1) the basis on which entry on a leased premises governed by Chapter 94, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden;

(2) the actor is a tenant of a manufactured home lot or the tenant's guest;

(3) the actor:

(A) carries or stores a firearm or firearm ammunition in the tenant's manufactured home;

(B) carries a firearm or firearm ammunition directly en route to or from the tenant's manufactured home;

(C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises;  or

(D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises;  and

(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition.

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.

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?".

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...

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?

1. You can't possess a weapon if either it (or you) are prohibited by state law.
2. You can’t yell yeehaw and shoot your gun into the air on the 4th of July or other celebratory occasions.
3. Unless the law allows it, you can't display a gun in the common area in a manner to cause alarm. (That would necessarily include defense of self or others as lawful reason to display a gun.)

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: