TAA lease asking for LTC?

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TexasJohnBoy
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TAA lease asking for LTC?

#1

Post by TexasJohnBoy » Thu Jul 07, 2016 10:51 am

A friend of mine at work currently rents an apartment, and he's up to renew. He told me this morning that he noticed a new sheet in the TAA lease asking for a copy of your LTC if you've got one. This seems mighty odd to me, and I haven't seen the paperwork yet.

But, it made me wonder, what are the ramifications of this? Can you be denied a lease because you hold an LTC and therefore have guns in your home (albeit, rented home)? Can you say noneya and then be evicted if they ever find out you have one?

I told him if it were me I would tell them NONEYA! But that's me, and he doesn't currently have an LTC. I also thought that since your appartment is your home, a landlord can't tell you no guns - but they can restrict open carry on the premises. I also know the topic of 30.06 has been discussed on whether or not it's valid for the rest of the complex besides your unit.
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Re: TAA lease asking for LTC?

#2

Post by Abraham » Thu Jul 07, 2016 11:09 am

They can ask.

He can simply/quietly not comply.

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Re: TAA lease asking for LTC?

#3

Post by TexasJohnBoy » Thu Jul 07, 2016 11:12 am

Abraham wrote:They can ask.

He can simply/quietly not comply.
This was my advise as well at this point in time...
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Re: TAA lease asking for LTC?

#4

Post by ELB » Thu Jul 07, 2016 11:17 am

Abraham wrote:They can ask.

He can simply/quietly not comply.
Yup, this. And consider the possibility of going an apartment managed by some other company. I can't think of any good reasons the apartment managers should have this info.
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Re: TAA lease asking for LTC?

#5

Post by txyaloo » Thu Jul 07, 2016 12:13 pm

TexasJohnBoy wrote:A friend of mine at work currently rents an apartment, and he's up to renew. He told me this morning that he noticed a new sheet in the TAA lease asking for a copy of your LTC if you've got one. This seems mighty odd to me, and I haven't seen the paperwork yet.

But, it made me wonder, what are the ramifications of this? Can you be denied a lease because you hold an LTC and therefore have guns in your home (albeit, rented home)? Can you say noneya and then be evicted if they ever find out you have one?

I told him if it were me I would tell them NONEYA! But that's me, and he doesn't currently have an LTC. I also thought that since your appartment is your home, a landlord can't tell you no guns - but they can restrict open carry on the premises. I also know the topic of 30.06 has been discussed on whether or not it's valid for the rest of the complex besides your unit.
Why wouldn't they be able to say no guns? A person leasing an apartment is entering into a contract. If they don't agree with the terms of the contract, they could find a place to live with more agreeable terms. Gun owners aren't protected classes. It's not discrimination to choose not to lease to gun owners.

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Re: TAA lease asking for LTC?

#6

Post by Charles L. Cotton » Thu Jul 07, 2016 2:01 pm

txyaloo wrote:
TexasJohnBoy wrote:A friend of mine at work currently rents an apartment, and he's up to renew. He told me this morning that he noticed a new sheet in the TAA lease asking for a copy of your LTC if you've got one. This seems mighty odd to me, and I haven't seen the paperwork yet.

But, it made me wonder, what are the ramifications of this? Can you be denied a lease because you hold an LTC and therefore have guns in your home (albeit, rented home)? Can you say noneya and then be evicted if they ever find out you have one?

I told him if it were me I would tell them NONEYA! But that's me, and he doesn't currently have an LTC. I also thought that since your appartment is your home, a landlord can't tell you no guns - but they can restrict open carry on the premises. I also know the topic of 30.06 has been discussed on whether or not it's valid for the rest of the complex besides your unit.
Why wouldn't they be able to say no guns? A person leasing an apartment is entering into a contract. If they don't agree with the terms of the contract, they could find a place to live with more agreeable terms. Gun owners aren't protected classes. It's not discrimination to choose not to lease to gun owners.
Nothing indicates the apartment bans firearms. They want a copy of a government document the Legislature has rendered confidential.

One is not compelled to provide a copy of a CHL or even answer a question as to whether they have a license. "TAA" probably refers to the Texas Apartment Assoc. meaning the vast majority of apartment complexes will use its recommended lease contract.

This may be something we need to address in 2017.
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Re: TAA lease asking for LTC?

#7

Post by Soccerdad1995 » Thu Jul 07, 2016 2:07 pm

txyaloo wrote:
TexasJohnBoy wrote:A friend of mine at work currently rents an apartment, and he's up to renew. He told me this morning that he noticed a new sheet in the TAA lease asking for a copy of your LTC if you've got one. This seems mighty odd to me, and I haven't seen the paperwork yet.

But, it made me wonder, what are the ramifications of this? Can you be denied a lease because you hold an LTC and therefore have guns in your home (albeit, rented home)? Can you say noneya and then be evicted if they ever find out you have one?

I told him if it were me I would tell them NONEYA! But that's me, and he doesn't currently have an LTC. I also thought that since your appartment is your home, a landlord can't tell you no guns - but they can restrict open carry on the premises. I also know the topic of 30.06 has been discussed on whether or not it's valid for the rest of the complex besides your unit.
Why wouldn't they be able to say no guns? A person leasing an apartment is entering into a contract. If they don't agree with the terms of the contract, they could find a place to live with more agreeable terms. Gun owners aren't protected classes. It's not discrimination to choose not to lease to gun owners.
Because its none of their business. Then again I also disagree with behavior codes in leases like when you renting to a single person and telling them that they cannot have opposite sex visitors in their home after dark, or can't get tattoos, or have alcohol in the apartment, etc.

Others may disagree with me on the proper balance between property ownership rights and personal freedom.
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Re: TAA lease asking for LTC?

#8

Post by RoyGBiv » Thu Jul 07, 2016 5:29 pm

txyaloo wrote:
TexasJohnBoy wrote:A friend of mine at work currently rents an apartment, and he's up to renew. He told me this morning that he noticed a new sheet in the TAA lease asking for a copy of your LTC if you've got one. This seems mighty odd to me, and I haven't seen the paperwork yet.

But, it made me wonder, what are the ramifications of this? Can you be denied a lease because you hold an LTC and therefore have guns in your home (albeit, rented home)? Can you say noneya and then be evicted if they ever find out you have one?

I told him if it were me I would tell them NONEYA! But that's me, and he doesn't currently have an LTC. I also thought that since your appartment is your home, a landlord can't tell you no guns - but they can restrict open carry on the premises. I also know the topic of 30.06 has been discussed on whether or not it's valid for the rest of the complex besides your unit.
Why wouldn't they be able to say no guns? A person leasing an apartment is entering into a contract. If they don't agree with the terms of the contract, they could find a place to live with more agreeable terms. Gun owners aren't protected classes. It's not discrimination to choose not to lease to gun owners.
Last time I checked, gun owners are in a class that is protected by the second ammendment to the United States Constitution.
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Re: TAA lease asking for LTC?

#9

Post by jb2012 » Thu Jul 07, 2016 5:38 pm

I am not a lawyer, but I have been through the "no guns" situation several times now. From what I understand, and have been advised, a landlord cannot restrict gun ownership in Texas.

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Re: TAA lease asking for LTC?

#10

Post by TexasJohnBoy » Thu Jul 07, 2016 5:41 pm

For what it's worth, I'm looking for the form in question but I haven't found it in any of the sample documents on their website. And yes, this is Texas Apartment Association. I suppose it may be an addendum or something that I can't find. I'll see if I can find a copy somewhere...
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Re: TAA lease asking for LTC?

#11

Post by txyaloo » Thu Jul 07, 2016 6:24 pm

Charles L. Cotton wrote:
txyaloo wrote:
TexasJohnBoy wrote:A friend of mine at work currently rents an apartment, and he's up to renew. He told me this morning that he noticed a new sheet in the TAA lease asking for a copy of your LTC if you've got one. This seems mighty odd to me, and I haven't seen the paperwork yet.

But, it made me wonder, what are the ramifications of this? Can you be denied a lease because you hold an LTC and therefore have guns in your home (albeit, rented home)? Can you say noneya and then be evicted if they ever find out you have one?

I told him if it were me I would tell them NONEYA! But that's me, and he doesn't currently have an LTC. I also thought that since your appartment is your home, a landlord can't tell you no guns - but they can restrict open carry on the premises. I also know the topic of 30.06 has been discussed on whether or not it's valid for the rest of the complex besides your unit.
Why wouldn't they be able to say no guns? A person leasing an apartment is entering into a contract. If they don't agree with the terms of the contract, they could find a place to live with more agreeable terms. Gun owners aren't protected classes. It's not discrimination to choose not to lease to gun owners.
Nothing indicates the apartment bans firearms. They want a copy of a government document the Legislature has rendered confidential.

One is not compelled to provide a copy of a CHL or even answer a question as to whether they have a license. "TAA" probably refers to the Texas Apartment Assoc. meaning the vast majority of apartment complexes will use its recommended lease contract.

This may be something we need to address in 2017.
Chas.
Charles - not disagreeing with this aspect of your statement. TAA has a lease addendum that deals with carrying in the common areas.

http://aagdallas.com/assets/files/HandgunAddendum.pdf

My statement was really addressing the ability of a property owner to ban a tenant from having guns on the property. Do you believe an owner of a residential property can prohibit a tenant from having firearms in their unit through lease terms? TAA has somewhat of a blurb about the constitutionality of a complete ban at the bottom of the addendum. Since gun owners aren't a federally protected class, I don't see what would stop a property owner.


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Re: TAA lease asking for LTC?

#12

Post by txyaloo » Thu Jul 07, 2016 6:26 pm

RoyGBiv wrote:
txyaloo wrote:
TexasJohnBoy wrote:A friend of mine at work currently rents an apartment, and he's up to renew. He told me this morning that he noticed a new sheet in the TAA lease asking for a copy of your LTC if you've got one. This seems mighty odd to me, and I haven't seen the paperwork yet.

But, it made me wonder, what are the ramifications of this? Can you be denied a lease because you hold an LTC and therefore have guns in your home (albeit, rented home)? Can you say noneya and then be evicted if they ever find out you have one?

I told him if it were me I would tell them NONEYA! But that's me, and he doesn't currently have an LTC. I also thought that since your appartment is your home, a landlord can't tell you no guns - but they can restrict open carry on the premises. I also know the topic of 30.06 has been discussed on whether or not it's valid for the rest of the complex besides your unit.
Why wouldn't they be able to say no guns? A person leasing an apartment is entering into a contract. If they don't agree with the terms of the contract, they could find a place to live with more agreeable terms. Gun owners aren't protected classes. It's not discrimination to choose not to lease to gun owners.
Last time I checked, gun owners are in a class that is protected by the second ammendment to the United States Constitution.
Last time I checked, the Second Amendment is a limitation on the power of the state, not a limitation of the power of individual citizens. If an individual citizen/property owner wants to ban firearms on the property they own, that's their right. It's our right as gun owners to not give money to that property owner.

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Re: TAA lease asking for LTC?

#13

Post by TexasJohnBoy » Thu Jul 07, 2016 6:34 pm

txyaloo wrote:
Charles L. Cotton wrote:
txyaloo wrote:
TexasJohnBoy wrote:A friend of mine at work currently rents an apartment, and he's up to renew. He told me this morning that he noticed a new sheet in the TAA lease asking for a copy of your LTC if you've got one. This seems mighty odd to me, and I haven't seen the paperwork yet.

But, it made me wonder, what are the ramifications of this? Can you be denied a lease because you hold an LTC and therefore have guns in your home (albeit, rented home)? Can you say noneya and then be evicted if they ever find out you have one?

I told him if it were me I would tell them NONEYA! But that's me, and he doesn't currently have an LTC. I also thought that since your appartment is your home, a landlord can't tell you no guns - but they can restrict open carry on the premises. I also know the topic of 30.06 has been discussed on whether or not it's valid for the rest of the complex besides your unit.
Why wouldn't they be able to say no guns? A person leasing an apartment is entering into a contract. If they don't agree with the terms of the contract, they could find a place to live with more agreeable terms. Gun owners aren't protected classes. It's not discrimination to choose not to lease to gun owners.
Nothing indicates the apartment bans firearms. They want a copy of a government document the Legislature has rendered confidential.

One is not compelled to provide a copy of a CHL or even answer a question as to whether they have a license. "TAA" probably refers to the Texas Apartment Assoc. meaning the vast majority of apartment complexes will use its recommended lease contract.

This may be something we need to address in 2017.
Chas.
Charles - not disagreeing with this aspect of your statement. TAA has a lease addendum that deals with carrying in the common areas.

http://aagdallas.com/assets/files/HandgunAddendum.pdf

My statement was really addressing the ability of a property owner to ban a tenant from having guns on the property. Do you believe an owner of a residential property can prohibit a tenant from having firearms in their unit through lease terms? TAA has somewhat of a blurb about the constitutionality of a complete ban at the bottom of the addendum. Since gun owners aren't a federally protected class, I don't see what would stop a property owner.
Thanks for finding that, I don't see where it asks for the license itself, that may have been a comment by a manager or some other addendum we haven't found yet.
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Re: TAA lease asking for LTC?

#14

Post by Javier730 » Thu Jul 07, 2016 6:40 pm

TexasJohnBoy wrote:For what it's worth, I'm looking for the form in question but I haven't found it in any of the sample documents on their website. And yes, this is Texas Apartment Association. I suppose it may be an addendum or something that I can't find. I'll see if I can find a copy somewhere...
Yup it's probably an addendum done by the property manager. TAA leases have a portion in them that say any addendums can be added to the lease and all they need to make it legally binding is give you a 24 hour notice.
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Re: TAA lease asking for LTC?

#15

Post by MeMelYup » Fri Jul 08, 2016 6:08 pm

"common rooms/amenities of this property" wouldn't this be anywhere except inside your apartment?

This part of options 3 and 4 is also interesting. "(If neither is checked, openly carried handguns are prohibited in both)."

This part in the commentary is interesting also. " While many properties have allowed concealed carry of handguns onsite since 1996 without issues, some owners are considering restricting “open carry” due to the potential of increased violence in cases fraught with emotion, such as in evictions." Why is open carry more dangerous than concealed?
Last edited by MeMelYup on Fri Jul 08, 2016 6:22 pm, edited 1 time in total.

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