"No Guns" in lease. What to do?

[fulloflead]

Hi. I'm looking to move into an apartment complex in a different state. They faxed me the lease:

"Possession of guns or weapons or any apparatus related thereoto upon the premises or any part of the apartment community is strictly prohibited. Violation... immediate eviction... blah, blah, blah."

We're getting close to moving day and don't want to keep looking for apartments (from 2000 miles away). Also, we won't have jobs when we get there so we don't have the "proof of income" that apartments require and that's a big and common obstacle. (This place didn't seem to notice when we sent check stubs from our old employers)

What would you do?

Move in anyway and just not advertise it?
Call them and tell them it's a big problem and that they have a lot of nerve?
Just keep looking for different apartments despite the inconvenience?

Help!

 

[TAB]

I would stick to a contract I signed.

So I would keep looking.

 

[ArmedBear]

This has been asked before. Expect a hailstorm of horse****.

IMHO find another place if you can. If not, just don't tell anyone. If you're not hurting anyone, it's no more anybody's business if you have firearms than what sex positions you prefer.

And accept the possibility that you may be evicted. You won't be, but just accept it and get on with your life.

 

[Lanyard]

You haven't signed the lease yet. Strike through that paragraph, initial it and send it back. They may really need you as a tenant. If it doesn't work look for a home in a smaller building. Many mom & pop outfits don't require as much documentation.

 

[John Wayne]

If you do move in, be careful not to leave anything lying around that would indicate you have guns there. Maintenance men can be nosy and you don't want them spotting a box of cartridges when they come to change your air filter.

 

[Z-Michigan]

What state and who owns the complex? Some publicly owned complexes have restrictions that you don't want to fight with.

Definitely find another place if you can. I used to live in a complex that prohibited motorcycles. It helped prompt me to move when I got into motorcycling.

 

[freakshow10mm]

In WI, a landlord cannot prohibit firearms in your apartment. Learned that the hard way. Sued his ass and won. Not sure about CO.

 

[fulloflead]

It's going to be Maryland.

Yeah, I'd have to be careful about leaving books, magazines, etc around.

Come to think about it, when ever I travel by car, especially in the boonies/mountains I keep a handgun within reach even though that's technically not legal.

My gun safe is just a 24" cube that is pretty non-descript - just a box. I could stick it in a closet under my clothes and keep all the gun books, etc in boxes.

I don't plan on living there forever. Just a year or so until I get settled and can move into a better place.

.

 

[Zedo]

No place to live and no job -- You're jumping ship without a life vest.

 

[Thernlund]

Me? I'd disregard that clause entirely. Just move in and forget it. What? Do they conduct daily searches?

This is much ado about nothing IMO.

Just keep a low profile when going between the car and your place and you'll be fine.


-T.

 

[rondog]

Just stay here in Denver! Much nicer than Maryland.

 

[Zedo]

Me? I'd disregard that clause entirely. Just move in and forget it. What? Do they conduct daily searches?

This is much ado about nothing IMO.

Just keep a low profile when going between the car and your place and you'll be fine.

Yeah, besides getting evicted -- and never being able to rent an apartment again -- you're exposing yourself to a charge of "civil contempt" or worse. A criminal record, even when it's not a felony, can become a real obstacle when it involves unlawful breaches involving firearms.

 

[Thernlund]

^^^^ Then there's that.


-T.

 

[Stevie-Ray]

As was said, some things in contracts are not enforceable. Check with the state's laws. I paid my land contract off with a small mortgage years ago. My landlord was PO'd! Said he should have put into the land contract that there was penalties for early payoff. My lawyer said, "He can put any damn thing he wants in the contract, but that doesn't make it legal." The "no guns" thing might not be enforceable.

 

[Aguila Blanca]

You can try deleting (and initialing the deletion) the paragraph from the contract. See if they'll accept it that way. If not -- keep looking.

 

[Autolycus]

Nothing like violating the property rights of others, is there? If you sign the lease you should abide by it. If you don't, well find another apartment or place to live.

 

[kingpin008]

Agreed. I love it how we're always so quick to crank up the battle cry when someone infringes on our rights, yet when it's the other way around, it's suddenly no big deal.

And before anyone starts going on about "it's not hurting anyone, what they don't know won't hurt them, blah, blah, blah..." that's not the point. The point is that it's their property, and they get to make the rules. If you don't like it, find somewhere else to hang your hat. Now, if you're already living there and then they change up the rules, that's another story. But if you haven't signed a lease, and you know they don't want/allow guns - either accept it, or keep looking. Simple, huh?

 

[Treo]

Come to think about it, when ever I travel by car, especially in the boonies/mountains I keep a handgun within reach even though that's technically not legal.

It absolutely is legal to carry ( openly or concealed) a firearm in your vehicle for your lawful proctection in Colorado. It may not be in the PDR Denver , but it most certainly is once you cross the border to Colorado.

From the Rocky Mountain Gun Owners FAQ Page:

Can I carry concealed in a vehicle or RV without a permit? YES
18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
(2) It shall not be an offense if the defendant was:
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling

 

[mike101]

Are owners of apartment complexes allowed to deny you your constitutional rights? Maybe so.

If your not going to be there that long, just ignore the clause and hide your stuff. Hide it well.

 

[VARifleman]

They can find out if one of their maintenance workers breaks into your apartment and steals your stuff. I'd tell them that you absolutely won't move in if they don't delete that line off the lease.

 

[MountainBear]

Keep in mind that if you choose to follow the advice given above by deleting or striking the no guns clause from your contract, you've sealed your fate with that complex.
Pretty sure they will know what you own and are planning on doing (i.e. hiding the guns in the apartment anyway), and if they say that the clause is non-negotiable, they may not let you into the complex. Then you're back to square one.
Find another complex. It may be a pain, but it will be easier than finding one later with an eviction on your rental history.

 

[GRB]

No Guns" in lease. What to do?

Have the owner change the lease, or find another apartment complex; and tell the owner you are doing so because of that particular clause in the lease. Bear in mind that striking through the terms of the lease and then initialling it is not likely an option if only because most legal agreements today contain a clause saying strikethroughs are not valid.

Remember, it is his property, he can have whatever he wants in the lease that is legal. Telling you that you cannot have guns there is well within his rights. If you are ever involved in a shooting, and the building owner is sued, you can bet they will sue you for every penny that they loose, plus legal costs, plus any additional money they can get out of you. They may also have you charged with criminal trespass, because yes indeed you are trespassing if you violate terms of a lease and stay on the property. Remember you are signing the lease as a binding legal agreement, and are acknowledging having read, and having agreed to it. Don't be schmuck and open yourself to a legal and civil nightmare.

 

[KC0QGL]

Come to think about it, when ever I travel by car, especially in the boonies/mountains I keep a handgun within reach even though that's technically not legal.

I'm only 50 miles from you, according to the CRS it is legal to carry a loaded hand gun in your car for PD. I do all the time, so does my wife, dad, uncle, brother-in-law, best friend, ect. When I can the CRS# I will post it for you.

 

[Truthseeker]

State law

Check the laws of your state closely. Some states have laws prohibiting landlords from such action. Virginia is one. True, it is their property, but once they offer it as a rental to the public, the rules change a bit.

 

[NavyLCDR]

Are owners of apartment complexes allowed to deny you your constitutional rights?

What about the constitutional right of the property owner to choose what they want to allow/disallow on their own property? It is not your constitutional right to possess weapons, or anything else for that matter, on the private property of another against the owner's wishes.