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Lugiahua
11-22-2012, 1:11 PM
ok, this came into my mind recently since I current live on a rented space.
my landlord knows my firearms, but I always worry about if he changes his mind. So I am planning ahead just in case.

Can a landlord tell the tenants to remove my firearms from a rented house half way during the lease term?
assuming firearms are not listed in the contract.

Intimid8tor
11-22-2012, 1:14 PM
Not to my knowledge (assuming written contract).

How does he know you have firearms in the first place?

NoNOS67
11-22-2012, 1:15 PM
ok, this came into my mind recently since I current live on a rented space.
my landlord knows my firearms, but I always worry about if he changes his mind. So I am planning ahead just in case.

Can a landlord tell the tenants to remove my firearms from a rented house half way during the lease term?
assuming firearms are not listed in the contract.

I'm no lawyer, but I'm going to say NOPE! If your lease stated "no firearms", that would be a different story. Why does your landlord know about them in the first place?

Lugiahua
11-22-2012, 1:17 PM
Not to my knowledge (assuming written contract).

How does he know you have firearms in the first place?

we went to shooting and hunting together, so of course he knows;)

He is ok with firearms (a fine Florida raised man), but his wife (raised local in Bay area) is quite against it.
so I am only worrying about if his wife making him change his mind.

SilverTauron
11-22-2012, 1:51 PM
Only if the tenants agree to the policy in writing.Otherwise its just opinion.

Just watch out for the lease renewal.

Lugiahua
11-22-2012, 1:57 PM
Only if the tenants agree to the policy in writing.Otherwise its just opinion.

Just watch out for the lease renewal.

I am graduating in few months, and applying for LEO jobs.
likely to move to the town near the academy. so it's not a problem.

BamBam-31
11-22-2012, 1:58 PM
As long as it wasn't in your original lease, you should be fine.

Scarecrow Repair
11-22-2012, 2:10 PM
Don't forget that if it's month-to-month, the landlord can give you thirty days notice without needing to give any reason.

Lugiahua
11-22-2012, 2:31 PM
Don't forget that if it's month-to-month, the landlord can give you thirty days notice without needing to give any reason.

ah, so landlords can change contract half term if they give a thirty day notice?

Hopalong
11-22-2012, 3:20 PM
Don't forget that if it's month-to-month, the landlord can give you thirty days notice without needing to give any reason.
A rental "agreement" can be for 30 day written notice to vacate, it works both ways.

Nobody needs a reason, either way.

It's either "get out" in 30 days

Or, "I'm leaving" in 30 days

This is how I rent my rentals.

I would never ask someone to leave because they had guns.

Dogs, noise, smoking, not taking care of the place, yes.

As long as you're not brandishing to the neighbors, I wouldn't worry about it.

A couple years back I had a family in one of my rentals

A contractor, wife and four small kids

He was a little late short with the rent, so he comes over to my house

And says, "here, hang on to this for collateral until I get paid next Friday"

He hands me a RAW, and says, "it's worth a couple of thousand"

With a big smile on my face, I said, "I can't have that here, just pay me when you get paid"

I walk back out to the truck with him as he puts the rifle in his tool box

While his baby daughter is strapped in the car seat.

Great guy and tenant.

David13
11-22-2012, 4:12 PM
I do not intend to offer legal advice here. But I do believe they changed that 30 day notice to 60 days for residential rental of a tenant of more than one year. I think it was 2 or 3 years ago they changed that.
So don't go to court for an eviction on a faulty notice.
That only applies on a month to month. On a lease, you have to have a reason.
There are also many exceptions to all these rules, including one where you can evict if you are going to have a relative move in. But I don't know where that would apply.
As far as guns, why worry about it unless the wife does start something. Then just see an attorney, and get a tailor made answer, in writing, in the form of a letter to the landlord. Or move.
dc

17+1
11-22-2012, 9:26 PM
You should have never shot or hunted with your landlord. Whether it's against the rules or not, no one there should know you have them.

This falls into the same category as screwing the secretary at work. Sure, it might be 'OK', but that doesn't make it a good idea.

Carnivore
11-22-2012, 9:35 PM
IN a way yes, they ask you to leave. Now since you have a lease for a year I assume then it is tricky but if you are creating a nuisance, or threatening your landlord of others etc but to just arbitrarily tell you to get rid of them then no. Anymore then they can tell you to get rid of a car, girlfriend etc.

David is correct that in a month to month if the tenant has lived in the place under a year then only a 30 notice is required after a year it is 60 days on the landlord side. Tenant it is what ever the rental agreement says. That is if no violation of the agreement has happened. Failure to pay, damage to the place etc.

five.five-six
11-22-2012, 9:40 PM
You should have never shot or hunted with your landlord. Whether it's against the rules or not, no one there should know you have them.

This falls into the same category as screwing the secretary at work. Sure, it might be 'OK', but that doesn't make it a good idea.

that depends on the secretary

http://somalilandpower.com/wp-content/uploads/2011/08/secretary.jpg

Rider1k
11-22-2012, 9:50 PM
The guy who owns my house is one of my best buddies of 20 yrs. We have hunted, fished, camped,shot, chased tail together. He owns more firearms than I do! Even a few of mine! I don't have a rental agreement with him. I would think that if it's not in your signed contract he can't enforce it. Unless he can prove you have a felony record maybe.

fiddletown
11-22-2012, 10:23 PM
A landlord would have a pretty tough time forcing a tenant to remove his guns during the term of the lease. Changing the terms of the lease on renewal would be a different matter.

Laythor
11-22-2012, 10:49 PM
as a landlord for many rental properties I would never even ask about guns or mention them in a lease. If I ever refuse to rent to someone because of guns and if I then am found to currently or in the future rent to a gun owner I would be open to a discrimination suit.

I have given written permission to many tenants to bolt safes to floors. I've never asked what type of safe :)

huntercf
11-22-2012, 11:09 PM
The landlord can ask but cannot require you to remove them unless it is specifically spelled out in the lease.

john67elco
11-23-2012, 1:26 AM
Even written in a lease I always understood in this state you cannot sign your rights away. I'm not sure if this is possible?

pHredd9mm
11-23-2012, 9:56 AM
Restricting firearms is like restricting Bibles, Torahs, or other religious materials.

Laythor
11-23-2012, 10:17 AM
Even written in a lease I always understood in this state you cannot sign your rights away. I'm not sure if this is possible?

it's 100 percent possible. You dont own the property, you rent it. The owner could require you to sign away lots of different rights if they wanted to.

paul0660
11-23-2012, 10:25 AM
You should have never shot or hunted with your landlord. Whether it's against the rules or not, no one there should know you have them.

This falls into the same category as screwing the secretary at work. Sure, it might be 'OK', but that doesn't make it a good idea.

I have the Analogy Police on speed dial. Be careful.

Librarian
11-23-2012, 12:38 PM
The landlord can ask but cannot require you to remove them unless it is specifically spelled out in the lease.

Even written in a lease I always understood in this state you cannot sign your rights away. I'm not sure if this is possible?

That might be applicable in this case if Feds/California recognized gun ownership/possession as a right enforceable against private parties. We're not there yet.

For most things, whatever you sign you will do in lease terms can be enforced according to those terms.

moleculo
11-23-2012, 3:45 PM
For most things, whatever you sign you will do in lease terms can be enforced according to those terms.

My company deals with a lot of lease agreements (as the lessor), as well as many real estate transactions. You can write just about anything you want into an agreement, including signing away certain of your civil rights in these agreements. You can even write into an agreement that both parties agree not to sue for breach of the agreement. The signing away of a civil right is never enforceable in CA, and neither are most clauses foregoing the right to sue. Now, whether or not CA believes that your ability to possess firearms in your domicile is a civil right is probably debatable.

Lugiahua
11-23-2012, 7:22 PM
Since it's not mentioned on my lease, I assume that landlord's wife can't do anything against me then.

and I don't think it's enforceable anyway, consider that landlord cannot randomly enter the rented property or search lockbox/safe...

baddos
11-23-2012, 9:44 PM
How can the landlord actually prove that you still posses them in the said property. In California the landlord can't just show up one day and demand an inspection.

Lugiahua
11-23-2012, 10:16 PM
How can the landlord actually prove that you still posses them in the said property. In California the landlord can't just show up one day and demand an inspection.

Yep, so I don't think that I should be worry anyway even if landlord's wife was pissed, after reading the replies.

adonis
11-24-2012, 12:03 AM
This gets tricky, but here is how it was laid out to me by my RE attorney (I own a few rental properties in CA)

Part A - it would be very difficult to tell a tenant they can not own or posses a legal firearm in their unit.

Part B - you can add various stipulations. A higher deposit, and require the tenant to carry private liability insurance with specified coverages, etc.

Like big dogs, waterbeds, and fish tanks, anything that can damage the property or be a liability you can protect yourself against.

Digital_Boy
11-24-2012, 2:50 PM
ok, this came into my mind recently since I current live on a rented space.
my landlord knows my firearms, but I always worry about if he changes his mind. So I am planning ahead just in case.

Can a landlord tell the tenants to remove my firearms from a rented house half way during the lease term?
assuming firearms are not listed in the contract.

While I can't quote relevant civil or criminal code sections, the short answer is "no". A landlord can no more infringe on your 2nd amendment freedoms than he/she can on your 1st, 4th or any other civil liberties. They can't prohibit you from having a specific newspaper in your home whose politics they disagree with any more than they can prohibit you from keeping firearms in your residence.

Doesn't mean they can't try and hope that you comply with their demands without questioning whether they have legal authority to do so. If they did, you would prevail in any arbitration or court, assuming that the presence of firearms in the residence was the sole reason for any action.

Dragunov
11-24-2012, 3:46 PM
ok, this came into my mind recently since I current live on a rented space.
my landlord knows my firearms, but I always worry about if he changes his mind. So I am planning ahead just in case.

Can a landlord tell the tenants to remove my firearms from a rented house half way during the lease term?
assuming firearms are not listed in the contract.I was told by the property management company that I rented from that they not only would not, they COULD not ban firearms from their rental properties. This was in Antelope CA.

fiddletown
11-24-2012, 5:37 PM
While I can't quote relevant civil or criminal code sections, the short answer is "no". A landlord can no more infringe on your 2nd amendment freedoms than he/she can on your 1st, 4th or any other civil liberties...Where did you ever get that idea? Since you can't cite any law, I'd have to think that you just pulled that notion out of thin air. That fact is that you are wrong.

The Constitution has nothing to do with the matter. The Constitution regulates government. It does not regulate private conduct. Here's what the U. S. Supreme Court has said on the subject (Edmonson v. Leesville Concrete Company, Inc, 500 U.S. 614, (U. S. Supreme Court, 1991), emphasis added):"....The Constitution structures the National Government, confines its actions, and, in regard to certain individual liberties and other specified matters, confines the actions of the States. With a few exceptions, such as the provisions of the Thirteenth Amendment, constitutional guarantees of individual liberty and equal protection do not apply to the actions of private entities. Tarkanian, supra, 488 U.S., at 191, 109 S.Ct., at 461; Flagg Bros, Inc. v. Brooks, 436 U.S. 149, 156, 98 S.Ct. 1729, 1733, 56 L.Ed.2d 185 (1978). This fundamental limitation on the scope of constitutional guarantees "preserves an area of individual freedom by limiting the reach of federal law" and "avoids imposing on the State, its agencies or officials, responsibility for conduct for which they cannot fairly be blamed." Lugar v. Edmondson Oil Co., 457 U.S. 922, 936-937, 102 S.Ct. 2744, 2753, 73 L.Ed.2d 482 (1982). One great object of the Constitution is to permit citizens to structure their private relations as they choose subject only to the constraints of statutory or decisional law....

The actions of private parties in private transactions are regulated by contract. And the terms of private contracts are generally enforceable subject to any statutory restraints. In California, residential leases are heavily regulated under provisions of the Civil Code. Various types of lease provisions beneficial to the tenant are required, and certain lease provisions unfavorable to the tenant are prohibited. But nothing requires a landlord to permit guns, nor does anything prohibit a landlord from barring guns.

But in the OP's case, if there's nothing in the existing lease to give the landlord grounds to ask that the OP's guns be removed, the landlord is powerless to take any such action.

... If they did, you would prevail in any arbitration or court, assuming that the presence of firearms in the residence was the sole reason for any action.How would you know? How about supporting your conjecture with some applicable legal authority?

...Even written in a lease I always understood in this state you cannot sign your rights away...That is not true. In fact any contract, of any kind or type, involves each party giving up some rights.

You have a right to keep the money you earn (subject to the government's claim for taxes). But if you sign a lease, you assume an obligation to periodically give some of your money to the landlord, and he thus acquires a right to some of your money.

Under some types of contracts called "nondisclosure agreement" one assumes an obligation not to talk about certain things. These types of contracts are common in certain types of business transactions and are enforceable by a court.

The nature of a contract is that you assume one of more duties to someone (and thus give up rights not to be burdened with those duties) in exchange for someone else assuming one or more duties to you. This mutual exchange of rights and duties is what makes contracts legally enforceable.

The terms of certain types of contracts may be subject to statutory requirements or limitations. But absent any such statutory requirements or limitation, parties are pretty much free to contract on whatever terms they see fit (as long as the contract does not relate to or require the performance of a criminal act).

Restricting firearms is like restricting Bibles, Torahs, or other religious materials. Nope. There are statutes prohibiting discrimination on the basis of religion. There is no statute of which I'm aware (except for one in, I believe, Michigan) prohibiting discrimination in the leasing of residential property on the grounds of firearm possession.