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Discussion Starter #1 (Edited)
My friend has a landlord that is attempting to get her to sign a new lease that would prohibit her or her guests from all carry except "to and from their vehicles."

Her present lease which self renewed several months ago. This lease, which attempts to be retroactive to this past November (2013) for some strange reason and to end this November has the addendum attached to it.

I am familiar, thanks to this site, with case law limiting his ability to carry on premises while under the control of the tenant, but am not aware of a law or case law that would allow a landlord to add an addendum to a new lease that would supersede State law regarding carry on one's own rented premises.

I also believe that the landlord is opening himself up to liability for the safety of his tenant with this foolishness!

I am also wondering if my girlfriend might have a legal chance of suing for him to pay for her relocation costs because this represents a substantial change in their original agreement, after she has suffered the cost of moving here?

This is more absurd because the landlord in question lives at an adjoining lot and regularly fires firearms in the early morning hours and while inebriated!

So, any solid legal opinions out there?
 

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Grumpy Old Man
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A landlord (I'm one in SC) has the same rights as any business when it comes to their property. If they want no guns on the property they have the right to include that in the lease. Each new iteration of a lease is a new document and the landlord can change whatever they want and the tenant can sign or not sign as they so choose.

You can sue for almost anything if you want to spend the money - will you win?
 

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So you can have it in the vehicle, carry it "from" the house, which implies you can have it in the house, car, and in between.

Where else does she want to carry it.

Oh, and I'd be more concerned about a drunk landlord firing guns than his view on me having one.
 

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I am a landlord and this has never come up. I think the tenants expectation of privacy would supersede this. I think that once you allow this, then you open the door for "no-alcohol" addenda or "no-children" addenda.

A landlord that lives next door and shoots while drinking would scare the hell out of me. First, your girlfriend's right to privacy is challenged by the fact the landlord lives next door, but in addition to this he gets drunk and shoots. That is scary as all get out.

No matter what happens, this will be expensive. If your girl is in the right, and throws the law in the landlords face, he will retaliate somehow. If she goes to court to fight it, it will be expensive. If she moves, it will be expensive, but probably cheaper than the other two alternatives. I would refuse to sign the lease. If this is in Georgia, she is on a month to month lease now. The worst that the landlord can do at that point is give her 30 days notice to leave. If the rent is current, the 30 days is protected by Georgia Law, by the way.
 

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Put a ring on her, tie the knot, be the master of your own castle if she lets you. Problem solved! :)

And welcome to GPDO! Good people and invaluable information here!
 

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Lawyer and Gun Activist
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no solid legal opinion

I haven't done any research, so this is not a "solid legal opinion"...

... but I suspect that until Congress and state legislatures pass enabling legislation (based on the 2A and the Right to Keep and Bear Arms in the Georgia Constitution) to recognize a right to carry in "common areas" of apartments and condos and subdivisions, then it will remain a matter of contract law.

The general rule for contract law is don't sign anything you don't agree with, and if you DO sign it just to cause the other side to do what you want them to do (rent you an apartment), don't expect any sympathy from the courts if you break your side of the deal (by wearing your gun around the property while you walk your dog) and the apartment management company finds you in breach of contract and sanctions you or evicts you or whatever.

Georgia CAN and HAS stripped private business entities from writing anti-gun clauses in their contracts before. The State has limited what terms can and can't be in a contract, as a matter of public policy. But I don't think Georgia has tried to do this with regard to housing.

P.S. The fact that this apartment complex allows guns in your home, and taking them directly to and from your vehicle, makes it questionable whether "the law" would find it to be an infringement of tenants' Second Amendment rights anyway. We need more controlling caselaw, recent caselaw, or new legislation on this point to firm-up that "right" to carry outside of your home, business, or vehicle.
 

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This is more absurd because the landlord in question lives at an adjoining lot and regularly fires firearms in the early morning hours and while inebriated!
I believe that I would be looking to move anyway. Doesn't sound like a safe environment.:runaway:
 

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GeePeeDoHolic
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Georgia CAN and HAS stripped private business entities from writing anti-gun clauses in their contracts before.
If not housing, what other examples can you recall? I'm curious to learn more about this. I'm trying to relate it to, say, employment contracts where it's almost a given to restrict carry.
 

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Insurance

Homeowners insurance... Sorry I don't have citation handy .
Look in weapons related Code list available here at GaPacking.

Also see the employee parking lot law . That intrudes on traditional hands-off policy on terms and conditions of employment.
 

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Member Georgia Carry
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He is probably in violation of local ordinances when he fires his guns near others' dwellings. Report him and have the police pick him up, and then testify against him in court. He sounds like a complete jerk.
 

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Haven't seen the lease in question and certainly I'm not an attorney. But, most leases don't "self renew". They continue on a month to month basis until such time as one party voices differently in writing. The landlord appears to have done just that.

If so, your friend can either sign or not.....but that's about the only two options I can see. Typically, there's at least a 60 day clause for the tenant to respond to the landlords new lease. I suggest they meet to discuss this detail......if they've been good tenants who pay on time, don't cause headaches for the landlord and wish to stay.

Money talks........BS walks!
 

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This is troubling. I suspect that the landlord has either downloaded or purchased a "model lease" document that includes this clause. While a landlord cannot prohibit legal ownership of a firearm in a rented apartment or house, the antis appear to be using contract law to infringe on the "bear" part of the second amendment by providing "free" legal documents. I would be surprised if the landlord even knows the clause is in the document, especially if he carries himself.
 
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While a landlord cannot prohibit legal ownership of a firearm in a rented apartment or house, the antis appear to be using contract law to infringe on the "bear" part of the second amendment by providing "free" legal documents.
This is an honest question: Why can't a landlord so stipulate? (I am not defending such a policy, but legally asking why he could not have one)

Is there a state or federal law against a property owner/landlord from being able to set the contractual terms of what a tenant can or cannot do or possess in his property, even inside the "privacy" of the rented home? Are certain restrictive clauses OK and others not OK? Perhaps there are such laws, I don't know. I am asking. But at the most rudimentary level, it seems a rental agreement is at its heart a purely voluntary contract - so why would such a clause be legally impermissible? When you rent a portion of your property for the purpose of another's dwelling, do you forsake some of your ownership rights?

If so, which other tenant rights are protected from voluntary contracted landlord "tyranny"?
 

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Token Liberal Hippie
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I'm glad my landlord doesn't seem to care about this. There's guns just lying about everywhere; if he cared I'm sure he would have said something.
 

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I suspect that the goal of the addendum is to prohibit the open display of weapons unless they are being transported (e.g. to go to the shooting range) so as to not intimidate other renters, if this is an apartment unit. Thus I suspect that she could still OC from the apartment to the vehicle and back at-will as that is technically transporting the weapon in accordance with the agreement, but OC'ing at the community pool or other private property would be not allowed (unless it was between her apartment and car and she was proceeding directly from one to the other) again, assuming that this is an apartment or other type of multi-unit dwelling. If she CC's this is a non-issue (many apartment units, HOAs, etc. have rules against firearms on common property and people violate them daily by CC'ing.

She could always object to the rule, out of personal safety, and ask that the language be stricken or modified. In doing so, she would likely be able to determine what the landlords true issue is. If the landlord is a large corporation, then that might be boiler plate text recommended by legal council and they may be unwilling to change it.
 

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I suspect that the goal of the addendum is to prohibit the open display of weapons unless they are being transported (e.g. to go to the shooting range) so as to not intimidate other renters, if this is an apartment unit. Thus I suspect that she could still OC from the apartment to the vehicle and back at-will as that is technically transporting the weapon in accordance with the agreement, but OC'ing at the community pool or other private property would be not allowed (unless it was between her apartment and car and she was proceeding directly from one to the other) again, assuming that this is an apartment or other type of multi-unit dwelling. If she CC's this is a non-issue (many apartment units, HOAs, etc. have rules against firearms on common property and people violate them daily by CC'ing.

She could always object to the rule, out of personal safety, and ask that the language be stricken or modified. In doing so, she would likely be able to determine what the landlords true issue is. If the landlord is a large corporation, then that might be boiler plate text recommended by legal council and they may be unwilling to change it.
I get the impression that this is two single family dwellings that are next to each other. It would not make sense for the drunken owner/occupant of an apartment building to be out shooting at the complex.
 

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A landlord can't ban firearms nor anything else that interferes with the tenants "quiet enjoyment" of the rental property. Same reason a Hotel cannot ban a guest having a firearm in their room. Rental property is your "domicile" for legal purposes, even if you are renting one room for one night.

Banning firearms on common property, except when transporting to/from car and apartment is an entirely different question. I suspect that private property rights would win out there.

Thinking about this, it might be something an insurance company would put in. One more reason to make anyone who posts property as "no firearms allowed" strictly liable for any acts of violence, unless they have full perimeter security and armed guards equal to no less than two percent of the people on the property. Define a "gun-free" zone as a public nuisance attractive to criminals and have insurance companies put their money where there politics are.
 
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If it is not legally permissible for a property owner/landlord to mandate no weapons in a tenant's living area, how can it be legal for an insurance company to effectively do so second hand?
 

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Discussion Starter #19
I get the impression that this is two single family dwellings that are next to each other. It would not make sense for the drunken owner/occupant of an apartment building to be out shooting at the complex.
Bingo John! You are correct, this is not an apartment complex. It is two single family dwellings on adjoining lots. There is a lot of good information here and I am going over it all now to incorporate what I can into my battle plans.

This is not a downloaded lease as one of the posters surmised, the basic lease is, this is just an addendum that the landlord has put together on his own.

He is present on this property way to much and seems to feel that while the property is rented he can still make use of it for storage and such and dictate the behaviour of others that reside here.
 

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Member Georgia Carry
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Secretly video record if you can. With solid evidence you can have him punished so that others won't have to go through this.
 
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