Landlords and gun

[audihenry]

I know in CA when a property owner rents space to a tenant, he is renting the OWNERSHIP of that space, so technically it is YOUR private property if you rent. I find it hard to believe that it would be legal for a renter to restrict a fundamental right. I hope this helps.

disclaimer: I haven't read all the other posts.

No, the landlord is allowing the tenant to live in that space WITH THE RESTRICTIONS SET OUT IN THE LEASE. If you take up on his offer and agree to lease, you agree to all of those conditions, whatever they may be. If it says no firearms in the property, your 2A rights (whatever they may be) fall on their arse.

[unusedusername]

Actually, as one person mentioned before...

Living in a shared-housing with the person who owns a property in CA you are a boarder, not a tenant. This means your landlord is a boarding-house and has to follow some of the laws of a landlord, and some of the laws of a hotel.

The laws are quite different.

If you are a tenant your landlord has to give you 24 hours notice before entering your rented space. If you are a boarder then no notice is required.

A boarding house can keep your stuff if you don't pay the rent. A landlord has to petition the court to be able to do this.

If you are a tenant you can re-key your space. You can not do this if you are a boarder, so please don't follow that bad bit of advice.

Also, be aware that as a boarder your landlord is allowed to kick you out with only 24 hours notice, and they don't have to go to court to evict you.

Also, yes they can state in their "rules" the allowable items on their property as long as they can prove that the rules were provided to you.

Edited to add:

In response to andalusi: You are correct that a landlord can not just terminate a lease with a tenant, however a boarding-house can terminate a lease with a boarder at will with only 24 hours notice and no reason is required to do so. (Unless it says specifically in the lease that the boarding house can not do this)

[patriot_man]

It is only the seventh, and ljdouglas is far ahead in the race for STUPID post of the month.

I agree.

[glockman19]

Well put macadamizer



Yes.

A rental agreement can be anything the two parties agree upon. The Constitution does not apply here. Discrimination is legal. You can discriminate against smokers, pet owners, loud music, firearms, etc..
McDonald does not affect civil matters or contract law.

The good news is you live in America! You have access to free market capitalism which is filled with choice. You can choose to live where you want. Since you're renting you can choose what rules you will live under. Every property owner can make their own rules. You can choose what property and what rules to live by.

warning: this freedom will not last forever. It erodes bit by bit every day. Eventually gubmint will make all these decisions for you.

FUD.

You are SOooooo WRONG.

Clearly not a residental rental property owner/manager.

[Stonewalker]

FUD.

You are SOooooo WRONG.

Clearly not a residental rental property owner/manager.

Can you elaborate glockman? Discrimination is not illegal under all or even most circumstances. You can say no pets in a rental. If you own a club you can only choose to allow people aged 21+, even if there is no law that says so.

I would like to see a cite on how the constitution applies to private party agreements, that is to say where the State is not involved (because I don't know for sure)

[audihenry]

FUD.

You are SOooooo WRONG.

Clearly not a residental rental property owner/manager.

Maybe you have not been deeply involved in real estate. I am a broker, I have dealt with investors and landlords, and just about everyone else in the field of real estate.

The fact of the matter is, just about every landlord discriminates. Many landlords want people of a certain color (say, no non-whites), age (no one with too many kids = noise), pets (deposit but noise and odors), and so on. No landlord or manager will every say they deny leases for this reason, but 99% of them WILL deny to tenants that they just don't want in their building.

Of course, there is legal discrimination too, such as senior living, places which do not allow kids, and so on.