Resolution to ""No Guns" in lease. What to do?" thread.

[fulloflead]

I asked the moderator and he gave me permission to post the resolution of what happened. Please don't give him a reason to regret it.

This is fascinating. You guys aren't going to believe this.

I ended up on the phone with the apartment manager. He says that clause is in there from corporate. They're not allowed to alter it, but he says they don't enforce it.

Without even prodding him, he says he's a big supporter of the 2nd Amendment himself. He says he is a gun owner himself and has several guns in his own apartment which is owned by the same corporation. He says he understands I have that constitutional right and that it won't be a problem at all.

I know you're going to say get it in writing, but I think I feel comfortable with it. It sounded like I was talking to one of us.

 

[qdemn7]

Wow, sounds great. Good luck.

 

[ByAnyMeans]

It's always better to get it in writing but not always able to be done. If it's a corporate policy I would just be happy that they look the other way and if your gonna challenge it on a legal basis let it be after you had to use a weapon for defense. This way hopefully all our prayers are answered and you never have to challenge it.

 

[blackcash88]

Good to hear and, if you don't already, get a good safe! Who knows who he may blab to since he now knows you own guns.

 

[mgkdrgn]

Easier to beg for forgiveness than to ask for permission.

2nd worse that can happen is you have to look for a new place to live.

1st worse that can happen is you have a need for your weapon in your new apartment and don't have it. I'm all for avoiding the 1st worse that can happen if at all possible.

 

[ArmedBear]

if your gonna challenge it on a legal basis let it be after you had to use a weapon for defense

If you have to shoot someone, that means your lives wer in danger. I wouldn't give two ****s about having to find another apartment if it meant saving our lives. Why would anyone?



Glad to hear you won't have any trouble.

 

[Conqueror]

I wouldn't have asked them in the first place. If someone tried to evict me because I am a gun owner there would be hell to pay.

 

[Thernlund]

As expected. CYA move from the home office.

Good deal. I personally wouldn't have given it any attention and just moved in. But now you have some peace of mind that you didn't before, eh?

Enjoy your new place!


-T.

 

[mljdeckard]

I recently signed a rental lease with a 'no alcohol' clause. We don't drink, but I explained to my wife, they could care less whether or not we drink. They don't want the police showing up, loud friends, and complaining neighbors.

 

[blackcash88]

recently signed a rental lease with a 'no alcohol' clause.

That's because you're in Mormon central.

 

[Frank Ettin]

And fulloflead, you got what you wanted, and I doubt that you'd be able to get anything in writing. But do yourself a favor and make a detailed note to file, laying out as much as you can recall about the telephone conversation, including date, time and exact words as well as you can remember them. You'll want to do it ASAP while the conversation is fresh in your memory. You'll probably never need it (like you'll probably never need your gun), but if you do need it, you'll be glad to have it.

 

[bobbarker]

This gets me wondering....do I have a no guns lease in my rental agreement? I should check that out. Congrats on having an awesome apartment manager.

 

[VARifleman]

Glad you got this resolved. Now you just have to figure out if you should find another rental company that doesn't have a problem with guns, or just get the apartment cause it will mean that you can stop worrying about housing issues.

 

[Zedo]

I wouldn't have asked them in the first place. If someone tried to evict me because I am a gun owner there would be hell to pay.

Yeah! There's the "responsible gun owner" image we're we're all hoping to convey online in these forums.

It's not about "ask." It's a specific clause in a legally binding rental contract.

Let's note too that in not very particular circumstances such statements could very well be argued by a Prosecutor to the jury as a not so veiled, armed threat.

Somewhere in these forums there needs to be a discussion about the social, politcal and legal implications of being armed and shooting off one's mouth.

"Everything you say can and will be held against you . . . "

Think about it. Exercise your right to remain silent.

 

[GlowinPontiac]

Is it even legal to disallow certain items in your apt?

I mean can they put a paragraph in the lease that says "no soda allowed we dont want stains in the carpet" or something just as rediculous? They cant evict you for being black or jewish but they can evict you for having a gun or a six pack of beer?

 

[VARifleman]

Some states it would be illegal to have that provision in the lease, however, the poster is moving to MD, so that likely isn't the case.

 

[Dr. Tad Hussein Winslow]

If he was really a big supporter of the 2A, he would put pressure on this mysterious entity known as "corporate" to change their asinine policy.

But glad you got it resolved.

 

[Technosavant]

Fiddletown's recommendation to make a detailed note of the call is good advice. I'm not sure it would prevent an eviction if 1) they decided to enforce it and 2) they find your guns, but it is worthwhile to do. I would also take pains to ensure that nothing firearm related was left out where maintenance folks are likely to see it. While they aren't allowed to search your apartment for contraband disallowed by the lease, you don't want them seeing something they shouldn't if they have to come in for some kind of work.

 

[fulloflead]

But do yourself a favor and make a detailed note to file, laying out as much as you can recall about the telephone conversation, including date, time and exact words as well as you can remember them. You'll want to do it ASAP while the conversation is fresh in your memory. You'll probably never need it (like you'll probably never need your gun), but if you do need it, you'll be glad to have it.

Done!

I would also take pains to ensure that nothing firearm related was left out where maintenance folks are likely to see it. While they aren't allowed to search your apartment for contraband disallowed by the lease, you don't want them seeing something they shouldn't if they have to come in for some kind of work.

Point taken. I won't draw attention to myself.

 

[VARifleman]

Especially if any of the maintenance folks have sticky fingers.

 

[Technosavant]

Generally, if the maintenance guys have sticky fingers, they won't last too long- they'll have stolen things from other apartments too. The big thing is to keep the guns in a spot where there's absolutely no reason for the maintenance folks to go. For example, they will likely need to access the HVAC system and maybe the kitchen and bathroom, but a bedroom closet (so long as the breaker box isn't there) is pretty well off limits. There's no reason for them to look there, so if they do, they have just gone outside of their authority (and depending on laws, may have even committed full blown breaking & entering or burglary, even if they touched nothing in the closet).

 

[blackcash88]

Yeah, but if they're wearing work gloves or something, try proving they went "out of their authority" barring any video surveillance equipment?

If they have sticky fingers, it does NOT matter about them lasting too long. They're already there and position to steal anyway. I've found most apartment maintenance men to be pretty much low quality humans and another one just like him will be along shortly.

 

[fulloflead]

Generally, if the maintenance guys have sticky fingers, they won't last too long- they'll have stolen things from other apartments too. The big thing is to keep the guns in a spot where there's absolutely no reason for the maintenance folks to go. For example, they will likely need to access the HVAC system and maybe the kitchen and bathroom, but a bedroom closet (so long as the breaker box isn't there) is pretty well off limits. There's no reason for them to look there, so if they do, they have just gone outside of their authority (and depending on laws, may have even committed full blown breaking & entering or burglary, even if they touched nothing in the closet).

I appreciate the advise. I'll keep that in mind when I install my safe. It's small - about a 20" cube and would fit easily in a bedroom closet under some coats, etc. I can cable it or bolt it to something too.

 

[txgho1911]

If any Apt staff has a grudge or beef with the person you spoke to then that conversation could be a liability to that person. Also staff may want to enforce corporate policy regardless of what you heard over the phone. Discretion is called for. Keep that conversation to yourself outside of that manager.
Just my $.02

 

[Crunker1337]

Civil disobedience works.