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Is is OK for tenants to store weapons in the house - Landlord Forum thread 327714

Is is OK for tenants to store weapons in the house by Anonymous (Michigan) on November 21, 2014 @11:01

                              
During a usual service call, I noticed the tenant kept several shotguns in his closet. I did not see ammos. I do not feel safe to see assault weapons in my rental house. What are the laws about keeping weapons in rental properties? Should I add a clause in the lease against such weapons?
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Re: Is is OK for tenants to store weapons in the house by Bill (MD) on November 21, 2014 @11:06 [ Reply ]
I don't think you have any leeway on this. It's his amendment right to have weapons. I don't think you can even go as far as calling the police unless you see scratched off serial numbers etc....

You could maybe say in the lease that weapons can't be stored in the home. But then he stores them in his vehicle or in a shed. But I don't know if that's legal?
Re: Is is OK for tenants to store weapons in the house by Bill on November 21, 2014 @11:11 [ Reply ]
Assault shot guns? Storing shotguns in a closet is not illegal. You can not make it illegal in your lease. How many is several anyway?
Re: Is is OK for tenants to store weapons in the house by Anonymous on November 21, 2014 @12:07 [ Reply ]
Here's a short & useful article on that subject:

http://articles.chicagotribune.com/2013-03-01/classified/ct-mre-0303-renting-20130301_1_gun-owners-gun-ban-month-to-month-tenants
Re: Is is OK for tenants to store weapons in the house by Kim (WV) on November 21, 2014 @12:32 [ Reply ]
I have such a ban in my leases. I do not allow weapons on my properties. As a LL, it is a liability issue for me if someone were hurt on my property.

I bring up the question of gun ownership in the prescreening. The only exception to renting to someone who keeps a gun on the property is law enforcement officers. I will rent to active duty law enforcement officers who need to keep a weapon on the property.

Re: Is is OK for tenants to store weapons in the house by Katiekate (New York) on November 21, 2014 @15:09 [ Reply ]
All my leases clearly state NO FIREARMS OR AMMO are permitted on the property. period.

without that, you cannot really enforce it at all.

give the tenant notice to terminate the lease at the end of the lease period. Offer them a lease with the wording to prohibit the keeping of such on your property. BUT, otherwise until then you cannot do anything about it.
Re: Is is OK for tenants to store weapons in the house by Chris (WI) on November 21, 2014 @16:41 [ Reply ]
As a firearms collector, hunter, and landlord I do not know why you would want to prevent quality tenants who own firearms to rent from you.

If they are not legally able to own a firearm or are of poor charter that they will misuse that firearm you have done a poor job with your screening of tenants.

Most states already have laws that are strict and severe for misuse of a firearm including improper storage where children may have access to a loaded weapon or ability to easily load that weapon.

You cannot prevent people from lawfully keeping firearms within their homes. As seeing that assault rifles are illegal to own without proper class 3 license, I highly doubt any of your tenants have assault rifles laying around in a closet. Plus it cost around $20,000 for the licensing and purchase of an assault rifle.

You can prohibit open and concealed carry within your common areas such as pool, rental offices, etc.
Re: Is is OK for tenants to store weapons in the house by Marge (CO) on November 21, 2014 @19:31 [ Reply ]
As I am reasonably sure that I couldn't enforce a ban on weapons in my rentals, I have it clearly stated in all leases, that discharge of any kind of weapon anywhere on the property is a reason for eviction. Same goes for shooting fireworks. So far, so good. Never had to kick anyone out, but had an argument with a prospect, who owned guns and wanted to make a "tiny shooting range" in the back yard. Needless to say he did not get approved. The one that got approved, has no weapons.
Re: Is is OK for tenants to store weapons in the house by Rick (TX) on November 21, 2014 @19:54 [ Reply ]
As I understand there is no indication whatsoever that the tenants may present a danger to themselves or others. You are just unreasonably afraid of guns (btw a shotgun is no assault weapon).

I would not deny my tenants the right to keep arms in the rental. What if someone is killed in a home invasion because they couldn't defend themselves?

What would you say to a landlord with screening questions like "Have you ever voted democrat?" and a lease prohibiting watching anything except Fox News? Wanting to ban guns in your rental is about as presumptuous.
Re: Is is OK for tenants to store weapons in the house by MrDan (Georgia) on November 21, 2014 @20:47 [ Reply ]
California, Minnesota, and Virginia have specific laws that prohibit landlords from imposing any kind of restriction on tenants who carry firearms lawfully. Other States that have a ‘Concealed Carry’ law affords restrictions on what areas can be restricted or banned.

'As a Landlord, you should consult your insurance company and consider the liability risks, as a restriction could cut both ways. If the landlord allows individuals to carry firearms in their buildings, the risks are obvious. But if they don’t, they might run a risk from tenants contending they weren't allowed to properly defend themselves'.

Landlords, owners and property managers do have a certain amount of responsibility to ensure the safety of their tenants and neighbors. One option to consider, instead of simply banning firearms on the premises, is to consider requiring tenants with firearms to obtain gun liability insurance, to protect themselves against lawsuits and legal liability in the event an accident or other tragedy takes place.
Landlords should also ask rental applicants whether they own a gun, and if so, what model(s). They can then require insurance.

In some States, the law provides immunity to owners of property who do not prohibit the carrying of concealed weapons on their property. If a landlord allows concealed carry on their property by others, they will not be held liable for any consequences arising from that decision. But prohibiting concealed carry on the property strips the landlord of the immunity.
Also if you wish to prohibit concealed carry on your property you must post signs and provide notices in accordance with your State laws.

And even if a landlord prohibits guns in the rental property, that prohibition often does not apply to the building or apartment’s parking lots. A tenant is allowed to keep a weapon in his/her vehicle if parked in the parking lot.

A few States allow a landlord to prohibit persons from carrying weapons on their property, but only in the common areas. The tenant has the right to go directly from the rental to their car and vice versa if they have a concealed gun permit.

The big question would be how would a landlord enforce a ban on guns? You cannot stop and frisk your tenant, nor search the tenant’s residence. What is the landlord’s liability for failure to enforce any such ban?
Re: Is is OK for tenants to store weapons in the house by Kim (WV) on November 22, 2014 @00:39 [ Reply ]
I'm not worried about a lawsuit from a tenant contending they weren't allowed to properly defend themselves because I prohibited guns/weapons/ammo on the property. My SFHs have security systems. I don't pay for the monitoring but the systems are there and I tell the tenant they are welcome to pay for the monitoring. Guess what? Not one of them has been concerned enough for their own safety to pay the $30 a month or so (cost in our area) to have the security system monitored by ADT or one of the other local security firms that provides monitoring.

I have had prospective tenants who had what I considered to be a small arsenal. One had 17 different (including some semi-automatic types) guns...and three small sons. Sorry, that's NOT the kind of risk I want to assume!

I don't prohibit gun ownership, just guns on the property. And no, there's no way of absolutely enforcing this ban. But if I catch them violating it, immediate eviction will be in order, make no mistake.
Re: Is is OK for tenants to store weapons in the house by Chris (WI) on November 22, 2014 @09:56 [ Reply ]
A quick google search reveled this from MN state law.


A landlord may not prohibit firearms. The new law says that “a landlord may not restrict the lawful carry or possession of firearms by tenants or their guests.” This appears to apply to both residential and commercial landlords.
Re: Is is OK for tenants to store weapons in the house by Anonymous on November 23, 2014 @10:37 [ Reply ]
most gun owners, like most cops, are a half-screw turn away from being criminals; all those dumb hayseeds cream their pants at the idea of becoming the next george zimmerman, probably peer out their windows on a regularly basis looking for a reason to feel "threatened." unless you want your property to turn into the OK corral the next time a P.O.C. walks funny through the parking lot, do not rent to any gun owners, especially the bible thumping ones.

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