No Gun Apartment Lease?

[Oldgringo]

What CHARLES said above...for goodness sake.

What did you expect them to say, "that they welcome shooters of all races and creeds and also bring any explosive or incendiary devices that you may have with you" ???

[hirundo82]

Can someone even prohibit me from possessing a firearm in my residence here in Texas? I thought that matter had already been settled. They can prevent you from carrying in their offices and other buildings, but your residence?

I'd tend to agree with you that 30.06 notice may not apply here. That applies to carry by a CHL holder, and you definitely do not need a CHL to carry on property under your control.

I'm not sure if telling you that they do not allow guns would give them any legal recourse as regards eviction if they found out thay you have guns in your apartment. I'd tend to lean towards them not being able to evict you for it since you would not be in violation of the language of the rental agreement, but maybe someone with some knowledge of property law and renter's rights could chime in.

[battalion74]

I would even go as far as saying she doesn't really know either. Not trying to hijack, just an example: I was talking to an office worker about the lease once after I had already moved in. We were talking about politics, then guns, and then the lease. She was adamant that there was nothing on the lease about month to month after the lease term was over. I had to show her the part on the lease and she still said it doesn't have anything to do with them.

[srothstein]

Can someone even prohibit me from possessing a firearm in my residence here in Texas? I thought that matter had already been settled. They can prevent you from carrying in their offices and other buildings, but your residence?

My opinion is that they can ban you from having anything they want to, if they put it in the lease and it is legal to ban. A lease is a type of contract and when you sign it, you are agreeing to obey the terms of the lease. These terms might include no trailers in the parking lot, no charcoal grills (getting much more common), or no guns possessed in the complex. If you agree, they can enforce the contract.

I always stay away from leases like the one quoted for a different reason. It said I agree to any rules the complex has, presently or instituted in the future. How can I possibly agree to abide by rules when i don't know what they will be?

[JNMAR]

I would definitely look for another abode. Alarming SOME others could possibly be just them seeing you carry one to or from your car, even if it was in a gun case, especially if they believed it's sposed to be a gun free zone...

[ScottDLS]

Can someone even prohibit me from possessing a firearm in my residence here in Texas? I thought that matter had already been settled. They can prevent you from carrying in their offices and other buildings, but your residence?

My opinion is that they can ban you from having anything they want to, if they put it in the lease and it is legal to ban. A lease is a type of contract and when you sign it, you are agreeing to obey the terms of the lease. These terms might include no trailers in the parking lot, no charcoal grills (getting much more common), or no guns possessed in the complex. If you agree, they can enforce the contract.

I always stay away from leases like the one quoted for a different reason. It said I agree to any rules the complex has, presently or instituted in the future. How can I possibly agree to abide by rules when i don't know what they will be?

They can enforce it via a civil remedy, by evicting you, or refusing to renew, etc. Violating a lease contract isn't a crime. The "presently and instituted in the future" is probably an "unreasonable" lease term which have been held unenforceable. Also, the OP posted the lease term and it is hard to find how he would be violating it by carrying a concealed handgun with a license and/or possessing one in the car and in his residence.

The agent who said the apartment has a "no guns" policy was contradicting the written terms of the lease.

[Fangs]

If you decide to live there, just don't carry in your guns in an obvious manner when you move in... stick 'em in a golf bag or something.

[Scire.Factor]

Thank you everybody for your help. I am going to take the lease to a lawyer just to cover my butt. I will reply with an update.

[ScottDLS]

Thank you everybody for your help. I am going to take the lease to a lawyer just to cover my butt. I will reply with an update.

What? Pay someone for a legally informed opinion rather than relying on the accumulated wisdom of anonymous keyboard warriors...? Well, it's your money...

[Bennies]

The apartment i lived in last had the exact quoted wording you posted. I did not see where it prohibited me from carrying or owning a firearm. But i agree with Charles. Do not ask. If its not in the lease that firearms are prohibited i think you would be OK IMO. I carried into the leasing office all the time and never thought twice about doing so.

[frazzled]

Sounds pretty clear to me. It's OK to have a gun there, just don't go waving it around everywhere.

yea, you kind of shouldn't be doing that anyway...

[tiger1873]

Does not matter what the lease says. When you lease the apartment you have certain rights. One those rights is the right to own anything legally. You have the right to own a gun so you have the right to store it. To evict you they would have to take you to court. I am not a lawyer but I doubt they could win on the grounds you own a firearm. I also doubt the 30.06 posted would apply to your apartment since you live there.

Just because they put things in the lease doesn't mean they can enforce them. Almost all leases have clauses that are not legal and are only there to help the landlord in arguments and scare tenants. I am a landlord and it is hard to actually evict someone for breaking a lease if the tenant always pays on time. Of course once the lease is up they can refuse to renew or raise the rent as they see fit. I really think though in this case it's just a blanket statement in case you get people walking around with shotguns in the parking lot. Or sitting on there patio with guns out in the open. Just use common sense and make sure you can lock up your guns. Remember lot's people in a apartments have access to your unit so make sure there locked up along with any valuables. Treat your apartment like a hotel room when it comes to valuables never leave things like cash or guns out in the open when your not there. Some ranges have lockers you can rent if you need extra storage for guns.


Ask the apartments what kind of lease do they use. If it's Texas Apartment association lease you should then don't worry about it. Also places that use that lease are usually better places to rent from.

[RPB]

Lease contract says ... No pets allowed?
Imma miss "Ole' Bessie"

[bayouhazard]

Keep it concealed and there are no problems in day to day life. If I have to shoot someone in my apartment I'm not too worried about eviction. I would probably want to move afterward anyhow.

[Scire.Factor]

Thank you everybody for your help. I am going to take the lease to a lawyer just to cover my butt. I will reply with an update.

What? Pay someone for a legally informed opinion rather than relying on the accumulated wisdom of anonymous keyboard warriors...? Well, it's your money...

LOL. Well since I get free legal advice from the military, I might as well use it.... right?