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View Full Version : Have 2 Tell Landlord You have Firearms when Moving in?


elmo
05-09-2006, 9:29 PM
Not sure if this is the right place to ask... But when renting an apt, or a home, or anything of that nature, do you have to tell the landlord or property manager that you will have firearms/ammo housed on their property? To be specific, this would be in san mateo county, CA.

five.five-six
05-09-2006, 9:35 PM
I never have

bwiese
05-09-2006, 9:40 PM
If it's not in the lease, no.

And if it's in the lease, or your lease gets updated, YELL and SCREAM. Contact NRA.

While property owners do have rights to control certain behaviors (pets, noisemaking, waterbeds) completely banning 2A rights is questionable.

Note that HUD, a few years ago, was handed its arse by the NRA when they tried to ban guns in federally-owned public housing.

Mssr. Elegantť
05-09-2006, 9:41 PM
There is no law requiring it. He could include such a requirement in the lease, but I've never seen something like that in a lease. Most landlords just use a standard lease agreement. He'd have to be really anti-gun to draw up something like that.

AS45-70
05-09-2006, 9:48 PM
I didnt tell my landlord but while i was moving in she saw my gun case. I told her what it was and she was cool with it providing i have it secured in its case. I have upgraded to a large safe now. She even wants to go shooting, she has never been.

I didnt tell her up front but i didnt hide it and it worked out fine for me.

As for an appartment living i say dont tell them. My freind in tx had her home def 12 gauge stolen by the apt maintence ppl. I say dont advertise your a gun owner, it makes you a target for theft.

crzpete
05-09-2006, 9:49 PM
Donít quote me on this I am not sure or canít quite remember, never had this issue before.

I own 2 condos currently rented out, I have no authority over the tenant property. The rental space is consider tenants property until contract expires or is in violate or delinquent (not paid) even then we need an approval from the tenants and a notice like 24hrs minimum for inspection, evictions are 90 days. My contract dose not specify firearms but we have a ďpotential health to other tenantsĒ that might fall in all aspects of a just in case scenario. But I guess is no! Unless the house or apartment is very close or near a school, government building or campus then I am sure that other legal issues will apply, but check your rental agreement.

Just donít ask they donít need to know.

bwiese
05-09-2006, 9:50 PM
There is no law requiring it. He could include such a requirement in the lease, but I've never seen something like that in a lease. Most landlords just use a standard lease agreement. He'd have to be really anti-gun to draw up something like that.

After rejecting the apartment with such lease provisions, you could then post daily on Craiglist that XYZ Apts on 123 Main St. does not allow tenants' firearms and that criminals will have a lower likelihood of encountering resistance. ;)

bwiese
05-09-2006, 10:08 PM
BTW, y'all should note:

Legal, registered assault weapons are indeed legal for a renter/tenant to possess in his apt, unit or rented home.

However, you _cannot_ visit someone renting an apt, home, etc. with your AW, even when you have the renter's express permission: you also need the property owner's!

[This does not appear to apply to businesses: if the business owner allows you to bring your AW, he can do it without concern for the property owner.]

This all assumes that the AW is transported locked & unloaded, is legally registered, etc etc.

MrEd
05-09-2006, 11:13 PM
The Landlord has can not prevent legal gun ownership , on your move in date the place you rent becomes YOUR residence , if you own a gun illegaly this however is grounds for eviction as you are commiting a felony .
You have absolutely no duty to inform your landlord , neither does he have the right to ask .

ohsmily
05-10-2006, 7:47 AM
The Landlord has can not prevent legal gun ownership , on your move in date the place you rent becomes YOUR residence , if you own a gun illegaly this however is grounds for eviction as you are commiting a felony .
You have absolutely no duty to inform your landlord , neither does he have the right to ask .

I "has can not" understand that sentence.

Satex
05-10-2006, 7:58 AM
Why in the world would you need to tell your landlord? Do you ask him for permission to bring perscribed narcotic medicine into your apartment? After all, those are drugs - right?
If you aren't doing anything illegal, there shouldn't be a problem. Landlords are more worried about pets (most require you to inform them), noise, and that you only park in your parking spot.
Landlords can put a clause in their lease in regards to guns, but I have never heard of it.
Goto the CA tennant rights page to download a well written manual for renters and landlords:
http://www.dca.ca.gov/legal/landlordbook/index.html (http://www.dca.ca.gov/legal/landlordbook/index.html)

Unknownassailant
05-10-2006, 7:58 AM
What about liability? Say your a property owner and one of your tenants had either a criminal, noncriminal/accidental discharge of his or her firearm and someone on or off your property was killed. Could there possibly be any civil liability to the owner for any reason at all?

glen avon
05-10-2006, 8:28 AM
CC&Rs can prohibit them.

saki302
05-10-2006, 11:01 AM
Like anyone would obey a landlord gun ban..

It's undetectable unlike pets, and they have absolutely no business as to what stuff you have as long as it does not affect the building. Pets do (P*ss and Sh*t everywhere).

-Dave

bwiese
05-10-2006, 11:10 AM
..like Pets do (P*ss and Sh*t everywhere).

Mine don't. Spayed female cats are great.

DParker
05-10-2006, 11:11 AM
As a Realtor and property manager, I'll chime in.

The owner of the property can stipulate restrictions in the lease...they can stipulate no pets, waterbeds, guns, smoking, bows and arrows, changing oil in the driveway...whatever is important to the owner.

I have never seen any lease that prohibits guns...only illegal behavior. If for some reason an owner wants to prohibit guns from his property...refuse to sign the lease and look elsewhere. Just like you would if you had a valued dog and he wasn't allowed.

This is simply a property rights issue and the lease is a mutual agreement between the parties. If the parties don't agree, then there is no lease.

Simple enough.

glen avon
05-10-2006, 11:27 AM
Mine don't. Neutered female cats are great.

one does not neuter a female cat. those are spayed.

FABIO GETS GOOSED!!!
05-10-2006, 12:21 PM
In California it would be no problem at all for a private landlord to include a provision in a residential lease prohibiting the possession of firearms by a tenant. Except maybe if you were a disabled tenant and made a creative "reasonable accommodation" request to allow you to keep a firearm for defense. You'd need good facts and a sympathetic judge for that one, otherwise, a "no-gun" provision would be fully enorceable.

Whether or not you had a "no-gun" provision in your rental agreement, you would not be obligated to tell your landlord that you had guns unless there was express language in your rental agreement that required it.

bwiese
05-10-2006, 12:22 PM
one does not neuter a female cat. those are spayed.

Correct. You got me. Whatever it is, they don't pee & scratch all over the place.

socalguns
05-10-2006, 12:28 PM
Or cross out that portion of the lease, and mark your initials and the date ... everything is negotiable

elmo
05-10-2006, 12:49 PM
thanks for the quick replies. Answers all my questions. THANKS! Obviously my first time renting while owning a firearm, thus I ask :)

wutzu
05-10-2006, 5:07 PM
Or cross out that portion of the lease, and mark your initials and the date ... everything is negotiable

Loved this response.

Moving into my new place on the 10th of june, gun safe arrives on the 11th

FreedomIsNotFree
05-10-2006, 6:01 PM
As a Realtor and property manager, I'll chime in.

The owner of the property can stipulate restrictions in the lease...they can stipulate no pets, waterbeds, guns, smoking, bows and arrows, changing oil in the driveway...whatever is important to the owner.

I have never seen any lease that prohibits guns...only illegal behavior. If for some reason an owner wants to prohibit guns from his property...refuse to sign the lease and look elsewhere. Just like you would if you had a valued dog and he wasn't allowed.

This is simply a property rights issue and the lease is a mutual agreement between the parties. If the parties don't agree, then there is no lease.

Simple enough.

Dparker....since you are in the industry perhaps you can answer a quick question for me that does relate to this issue.

How often can a landlord "inspect" the property? I know they have yearly inspections, but can they do them monthly if they choose, with the 24 hour notice of course?

Rob454
05-10-2006, 7:53 PM
I own property. personally I would have no problem with a gun owner. I wouldadd in a agreement that if he did have guns they need to be secure. Yeah it may not fly with some people but when he leaves guns around and someone picks it up and shoots himself guess what I also get dragged in a law suit that I had absolutely NOTHING to do with. I have to protect myself and my property also. Why you ask? because these days people will sue you for looking at them the wrong way. My renters have all been thre for 8-10 years and none of them own guns. Theire pretty liberal but I dont care about their political views as long as the rent gets paid
Rob

DParker
05-10-2006, 7:58 PM
Dparker....since you are in the industry perhaps you can answer a quick question for me that does relate to this issue.

How often can a landlord "inspect" the property? I know they have yearly inspections, but can they do them monthly if they choose, with the 24 hour notice of course?

The owner or his manager may inspect as often as he desires as long as proper notice has been given. I "should" inspect my properties more often, but I have good tenants and I rarely bother them. It is the preferred dynamic, but I certainly have the right to inspect (with proper notice) if I grow concerned or just feel that a routine look is warranted.

If you have some anal-retentive OCD type owner that is burdening you with excessive visits...you might try seeing if he has some specific concern and try to alleviate it. Most owners are happy to leave good tenants alone.

kantstudien
05-10-2006, 10:02 PM
My renters have all been thre for 8-10 years and none of them own guns.

How would you know? Smart gun owners might pretend to be anti to be tricksy. ;)