Real Estate lease restricting firearms

[Asaltweapon]

The trifecta

Yup. Derby Day to boot.

 

[Dadstoys]

Landlords would be tickled just to have a tenant that actually pays rent these days.
If your a good tenant only a fool would bust chops over guns.
Seeing what I see in rentals if your paying and not trashing the place they may even kiss your ass.

 

[McReef]

A firearm owner is not a protected class. The Fair Housing Act makes it illegal to discriminate because of race, color, religion, sex, disability, familial status, or national origin

I disagree. Firearms owners are the only protected class. Everyone else is subjugated.

——

To the original point: Hopefully I am done with ever worrying about such things again, but, personally, if I found myself looking at such a contract again, I would just ignore it.

On the one hand, I do respect people having the right to decide for themselves whether they want to bake a cake for a gay dude, or try to keep their tenants from owning firearms. That’s their prerogative.

On the other, in exchange for that, I expect the rest of the world to respect the fact that IDGAF, and will do as I damn-well please.

“Yeah, yeah. I pinky promise I won’t bring any firearms into my home. Oh, by the way, can I get a ground floor unit? I’m not sure the second story will support the weight of all the ammo I won’t be bringing in for the guns I don’t have”

 

[kalash]

So rent away buddy.

Mine look like NYC telephone poles

Your gun safes are covered in piss and vomit?

 

[McReef]

Or they see your safe while fixing the water heater

Plumber enters:
“Where is the water heater located?”
Tenant:
“Straight down that hall, second door on the left. If you run into claymores, you’ve missed your exit.”

 

[Kevin_NH]

I read that it is illegal for the government restrict gun in public housing. There was a court case.

I can’t imagine if gun ownership, which is a civil right, be restricted and enforced in a lease.

Landlords can absolutely discriminate against you for exercising a civil right.

The Fair Housing Act has a limited set of carve-outs where the landlord cannot discriminate --

• Race / Color / National origin
• Gender / Sexual orientation
• Religion
• Familial status
• Disability

Anything not on the list is fair game under Fair Housing (state laws may differ, for example Massachusetts forbids discrimination against military veterans or based on “genetic information”

Then let them know you are ammosexual, that black guns matter, and worship John MOSES Browning

In Massachusetts??!?

 

[Cabin Fever]

Landlords would be tickled just to have a tenant that actually pays rent these days.
If your a good tenant only a fool would bust chops over guns.
Seeing what I see in rentals if your paying and not trashing the place they may even kiss your ass.

This.

Sign the lease. Pay your rent on time, or even a week early, and they wont so shit. They wont evict an otherwise good tenant.

Unless you are in an owner occupied 2 family, that is probably just boilerplate language that no one cares about.

 

[Marty McFly]

Your gun safes are covered in piss and vomit?

Mostly. Yeah why?

 

[Rob Boudrie]

Self defense, you live, you get kicked out of apartment your landlord lo

I'm sorry, did you expect a real lawyer? I thought this was a place to speculate wildly.

BTW....I stand by my answer. If you dont like the terms of a lease, don't sign it. This is not discrimination.

Sure it is. When you choose a red car instead of a blue one you discriminate. When you chose a highy regarded board certified surgeon over one who just completed his/her fellowship, you discriminate. Only certain types of discrimination are illegal.

A "Gun clause" is logically like a clause "The tenant agrees not to engage in any internet advocacy for Republican candidates, and agrees that doing so it grounds for eviction".

 

[free]

Landlords can absolutely discriminate against you for exercising a civil right.

The Fair Housing Act has a limited set of carve-outs where the landlord cannot discriminate --

• Race / Color / National origin
• Gender / Sexual orientation
• Religion
• Familial status
• Disability

Anything not on the list is fair game under Fair Housing (state laws may differ, for example Massachusetts forbids discrimination against military veterans or based on “genetic information”


In Massachusetts??!?

This has nothing to do with “civil” rights. It is a business issue. Someone does not like the lease terms? Someone is free to just move along.

 

[Rob Boudrie]

This has nothing to do with “civil” rights. It is a business issue. Someone does not like the lease terms? Someone is free to just move along.

The ATF has taken the position that the 2A is a right, but not a civil one, based on US v. Logan.

Would you say a clause in which a tenant agrees not to vote in town elections has nothing to do with civil rights?

Both gun ownership and voting are protected right in the US.

 

[greencobra]

But we all know how we put stickers on them.

what...are we ten? what grown adult would put stickers on anything?

 

[Marty McFly]

what...are we ten? what grown adult would put stickers on anything?

Me. What grown adult has a cartoon as a avatar?

 

[Kevin_NH]

This has nothing to do with “civil” rights. It is a business issue. Someone does not like the lease terms? Someone is free to just move along.

This particular case doesn't -- some terms (see my post above) are illegal to include in a lease.

 

[Mase32]

With firearms and pets I put in the lease that the tenants must carry renters insurance and list me as notified if coverage cancels or lapses. With the “medical” marijuana I’m more concerned about a tenant setting up a hydroponic grow system than owning guns.

 

[TLB]

Is a lease for real estate rental in MA that prohibits firearms on the premises, at least for the renter, as opposed to visitors, legal and enforceable?

I'm curious if is this a large corporate company or an individual landlord. The former is probably corporate attorney BS and I would just ignore if I liked the apartment. The latter might be worth avoiding to prevent having to deal with other BS. Guns aren't like dogs where someone will know you have a dog running around in there.

 

[Rob Boudrie]

With firearms and pets I put in the lease that the tenants must carry renters insurance and list me as notified if coverage cancels or lapses. With the “medical” marijuana I’m more concerned about a tenant setting up a hydroponic grow system than owning guns.

Would you start an eviction proceeding if you found out a renter did not comply?

 

[Alex9661]

With firearms and pets I put in the lease that the tenants must carry renters insurance and list me as notified if coverage cancels or lapses.

I have news for you. Your tenants sign it without reading and never get renters insurance.

 

[LittleCalm]

FHA is not the only issue here. There has to be a more general constitutional issue but good luck being the test case. Cant discriminate on basis of religion, gender etc. and therefore can’t discriminate based on the exercise of any constitutional right. I bet this has never been litigated because people just find another place to rent or otherwise just sign the lease and no one ever knows. But it should not pass constitutional muster.

 

[Mase32]

Would you start an eviction proceeding if you found out a renter did not comply?

Pre china virus - Depends on the tenant but probably not evict, Housing court is a bitch. Most likely would not renew when it expires though. In this climate if they pay and don’t cause problems don’t rock the boat cause you can’t kick em out.

 

[Mase32]

I have news for you. Your tenants sign it without reading and never get renters insurance.

No I have them initial each page and get a copy of the cert of insurance on file. We try to do a good job of vetting and it hasn’t been an issue yet.

 

[fencer]

I have news for you. Your tenants sign it without reading and never get renters insurance.

Renters insurance is a pretty common requirment these days. My daughter had to submit proof of insurance with her first check and upon signing her renewal. And honestly, it is affordable enough that you are almost crazy not to carry it.

 

[jkelly1229]

How about a lease that prohibits dildos?

How about a lease that prohibits alcohol?

Why is there a carve out for guns?

It can be enforceable for anything not considered directly involved with quality of life.

And besides God forbid you have to shoot someone when you're leasing... now they have to disclose a death on the property and clean that stuff up...

Or if you miss and the bullet goes through a couple walls and pops a neighbor the land lord can be held responsible.

Or say you get drunk one night and post that pic when you may have combined your lower with your short barreled upper and you get your door kicked in... again any damage is on them

That said I always ignored that and said f it I'll find a new place if I get jammed up but still I can see why it's a provision.

 

[Mase32]

Renters insurance is a pretty common requirment these days. My daughter had to submit proof of insurance with her first check and upon signing her renewal. And honestly, it is affordable enough that you are almost crazy not to carry it.

I see the term skinflint thrown around a lot and I think it would fit here if you don’t carry renters insurance. It’s pretty cheap when you consider what it covers in terms of theft, loss, hotel etc

 

[MGnoob]

I read that it is illegal for the government restrict gun in public housing. There was a court case.

I can’t imagine if gun ownership, which is a civil right, be restricted and enforced in a lease.

Thats for gov housing... a private owner probably can restrict it...If you’re in Massachusetts let them try to evict you just don’t pay...In all likely that it’s usually cheaper For your landlord to pay you to leave rather than take forever to get you out And have to try to get the money out of you

 

[SFC13557]

I have news for you. Your tenants sign it without reading and never get renters insurance.

I must prove every year I have renters insurance, insurance agent emails copy of my policy to company.

 

[SFC13557]

Me. What grown adult has a cartoon as a avatar?

HA!HA!

 

[Mesatchornug]

Me. What grown adult has a cartoon as a avatar?

 

[Rob Boudrie]

One problem with non-binding bans (signs in stores, leases the violation of which is not a criminal offense) is that in the event gun

what...are we ten? what grown adult would put stickers on anything?

I made my own. It's a legal notice that the safe is my personal property; that any other person having the combination does not have the owners (me) authorization to grant consent to entry; and that opening the safe when ordered to do so by police shall not be considered consent. I keep a photo of that notice on the safe in my archives.

 

[greencobra]

I made my own. It's a legal notice that the safe is my personal property; that any other person having the combination does not have the owners (me) authorization to grant consent to entry; and that opening the safe when ordered to do so by police shall not be considered consent. I keep a photo of that notice on the safe in my archives.

rob, good idea! i gave my combination to a couple trusted individuals, i should do the same. to be honest, it'd be like asking the love of my life to sign a pre-nup...awkward. but i suppose no one need know until the deed is done. a theft that is.