renting an apartment/house

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Grundy1133
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renting an apartment/house

#1

Post by Grundy1133 » Sun Mar 11, 2018 12:37 pm

IDK where to post this or if it's been posted before in a different area, but what is you guys' experience with renting from a landlord that doesn't allow you to have weapons? I understand that it's the landlord's right to decide whether or not they want people to have firearms on their property, but at the same time, if someone breaks in and steals things or kills someone would that make the landlord liable since they prohibited someone from protecting themselves and their things or does it fall back on the tenant because they willingly accepted the terms to live in a place that didn't allow them to protect themselves? Also, on that note, if I look to rent a place should the first thing I ask (to save everyone a little time) be "do you allow me to protect myself using a firearm?" or would that make the landlord shy away from renting to you even if they don't have a firearm policy clause in their lease agreement? :???:

(and I posted this in the political section because back in the 1800s i guarantee you people were allowed to protect themselves in the same dwelling where they rested their head, be it their home, a tavern, an inn, etc. i believe politics has skewed the way people view firearms which is why a lot of landlords have banned guns from their houses/apartments)
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bigtek
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Re: renting an apartment/house

#2

Post by bigtek » Sun Mar 11, 2018 12:48 pm

Grundy1133 wrote:if someone breaks in and steals things or kills someone would that make the landlord liable since they prohibited someone from protecting themselves and their things or does it fall back on the tenant because they willingly accepted the terms to live in a place that didn't allow them to protect themselves?
IANAL but it should fall in the same category as disarming to shop in a store posted 30.06 or taking a job with an employer who prohibits guns at work.
Grundy1133 wrote:Also, on that note, if I look to rent a place should the first thing I ask (to save everyone a little time) be "do you allow me to protect myself using a firearm?"
Don't ask. Don't tell.
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Re: renting an apartment/house

#3

Post by Grundy1133 » Sun Mar 11, 2018 1:26 pm

bigtek wrote: Don't ask. Don't tell.
I'm not sure that's the best policy... lol. I guess I could ask for a copy of the lease before hand so I can see all the stipulations and what not...
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Re: renting an apartment/house

#4

Post by ScottDLS » Sun Mar 11, 2018 2:03 pm

Almost no landlords in Texas put this in their leases. And even if they put the 30.06 language in there it would arguably not apply. Carrying in your home is not under the authority of LTC so 30.06 does not apply. It’s doubtful am landlord could use 30.05 to enforce lease terms either so at the best they’d have a civil cause of action to evict you which isn’t particularly easy process either.
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Re: renting an apartment/house

#5

Post by Grundy1133 » Sun Mar 11, 2018 2:16 pm

ScottDLS wrote:Almost no landlords in Texas put this in their leases. And even if they put the 30.06 language in there it would arguably not apply. Carrying in your home is not under the authority of LTC so 30.06 does not apply. It’s doubtful am landlord could use 30.05 to enforce lease terms either so at the best they’d have a civil cause of action to evict you which isn’t particularly easy process either.
Well, I've seen on many sites that landlords can put in the lease that they don't allow firearms... But yea I agree that in texas it doesn't seem likely but I'd like to be sure before I rent from someone.. and if I ever DO have to use the firearm i dont want the landlord flipping out on me and causing a big fuss... But supposedly unless they give you a written notice, or put it in the lease agreement then you can have firearms. I was just wondering if anyone had ever had an experience where they were renting and had to use their firearm and the landlords freaked out on them or if anyone has ever seen a firearm clause in a lease agreement from anywhere they've lived.
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Re: renting an apartment/house

#6

Post by ScottDLS » Sun Mar 11, 2018 2:31 pm

Grundy1133 wrote:
ScottDLS wrote:Almost no landlords in Texas put this in their leases. And even if they put the 30.06 language in there it would arguably not apply. Carrying in your home is not under the authority of LTC so 30.06 does not apply. It’s doubtful am landlord could use 30.05 to enforce lease terms either so at the best they’d have a civil cause of action to evict you which isn’t particularly easy process either.
Well, I've seen on many sites that landlords can put in the lease that they don't allow firearms... But yea I agree that in texas it doesn't seem likely but I'd like to be sure before I rent from someone.. and if I ever DO have to use the firearm i dont want the landlord flipping out on me and causing a big fuss... But supposedly unless they give you a written notice, or put it in the lease agreement then you can have firearms. I was just wondering if anyone had ever had an experience where they were renting and had to use their firearm and the landlords freaked out on them or if anyone has ever seen a firearm clause in a lease agreement from anywhere they've lived.
I am a landlord of three properties and a member of the Texas Apartment Association. Something like 90% of the landlords in Texas use their standard leases and they don’t have any prohibition on owner having legal weapons. Even if you find one with such a clause, there is no criminal statute that I can see being used on you. As I said 30.06 doesn’t apply to your residence. If you need to use your weapon in self defense, the least of your worries is gong to be getting evicted...
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Re: renting an apartment/house

#7

Post by Grundy1133 » Sun Mar 11, 2018 2:35 pm

ScottDLS wrote:
Grundy1133 wrote:
ScottDLS wrote:Almost no landlords in Texas put this in their leases. And even if they put the 30.06 language in there it would arguably not apply. Carrying in your home is not under the authority of LTC so 30.06 does not apply. It’s doubtful am landlord could use 30.05 to enforce lease terms either so at the best they’d have a civil cause of action to evict you which isn’t particularly easy process either.
Well, I've seen on many sites that landlords can put in the lease that they don't allow firearms... But yea I agree that in texas it doesn't seem likely but I'd like to be sure before I rent from someone.. and if I ever DO have to use the firearm i dont want the landlord flipping out on me and causing a big fuss... But supposedly unless they give you a written notice, or put it in the lease agreement then you can have firearms. I was just wondering if anyone had ever had an experience where they were renting and had to use their firearm and the landlords freaked out on them or if anyone has ever seen a firearm clause in a lease agreement from anywhere they've lived.
I am a landlord of three properties and a member of the Texas Apartment Association. Something like 90% of the landlords in Texas use their standard leases and they don’t have any prohibition on owner having legal weapons. Even if you find one with such a clause, there is no criminal statute that I can see being used on you. As I said 30.06 doesn’t apply to your residence. If you need to use your weapon in self defense, the least of your worries is gong to be getting evicted...
Thanks i appreciate it. lots of good info here. :thumbs2: and yeah if someone breaks into my house the LAST thing on my mind would be getting evicted... lol
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