Carry as a landlord

Discussion in 'GA Laws and Politics' started by gungeek, Oct 3, 2016.

  1. gungeek

    gungeek Member

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    I did some searches of the gun laws section, and searched the forum and didn't find a clear answer to my question. Forgive me if it's right in front of my face and I missed it.

    I am a landlord. If I go to my rental house, say to do some maintenance work, and the tenants don't like guns and discover I'm carrying, can they require me to leave or disarm under threat of Criminal Trespass or any other statute?

    I normally OC, but lazy CC the couple times I've gone over there and the subject has never come up. I have no idea of their opinion of guns. What are my rights as the property owner, and theirs as the rightful occupant?

    Edit: Is there a code section anyone can reference for my education?
     
    Last edited: Oct 3, 2016
  2. AtlPhilip

    AtlPhilip Proud GCO member.

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    O.C.G.A. 16-7-21 (2010)
    16-7-21. Criminal trespass

    (a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

    (b) A person commits the offense of criminal trespass when he or she knowingly and without authority:

    (1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

    (2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

    (3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
     

  3. AtlPhilip

    AtlPhilip Proud GCO member.

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    Interesting question. You are the owner, but they are the rightful occupant. You have a right to be there, but 16-7-21 does grant them the authority to issued CT warnings.

    My guess: A tenant cannot forbid you from entering your own property. But, per GA handbook

    "Is my landlord allowed to enter the apartment without notifying me first?
    A tenant has the right to the exclusive use of the lease premises. Unless the lease states
    otherwise, the landlord can only enter the property if entry is necessary to cure a dangerous
    condition, prevent damage to the unit, or respond to an emergency on the premises. There is no
    legal requirement that a landlord notify a tenant prior to entering the unit in such emergency
    circumstances. "

    " If the lease does not give the landlord the right to enter the apartment, a
    tenant could legally refuse the landlord entry except in case of an emergency. "

    http://www.dca.state.ga.us/housing/...ownloads/Georgia_Landlord_Tenant_Handbook.pdf

    That said, add it to your lease. They will never read it and you are covered.
     
  4. gungeek

    gungeek Member

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    Subsection b(3) is where I have the question.

    Say they let me in, then discover I'm carrying and ask me to leave/disarm. I'm the owner, they're the rightful occupant - does the "or" in that subsection mean I'm leaving/disarming?
     
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Your tenant can't tell you to disarm, unless the lease gives them that right.
    But the tenant can ban you from the property entirely, except as provided in the lease or, if the lease is silent on when you can come there, you can only enter for a very good reason.

    If you brandish your gun in a way that unreasonably frightens tenants and prevents them from enjoying their property, then you might be in violation.
     
  6. CoffeeMate

    CoffeeMate Junior Butt Warmer

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    If you are "preventing them from enjoying your property" then I'd say a pro-rated refund for the minutes you were present would be in order.

    Less absurd than might appear -- essentially they weren't leasing during those minutes.
     
  7. Don27

    Don27 Member

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    Add entry verbiage to your lease and carry on. I'd laugh out loud if one of my tenants asked/told me something of the sort.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    What does your lease say? This is your business. Treat it as a business. You have a contract. What does it say?
     
  9. GM404

    GM404 Well-Known Member

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    Or just conceal better since I am guessing it's not in your lease.
     
  10. AtlPhilip

    AtlPhilip Proud GCO member.

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    If he's using any decent lease, even a boilerplate, access should be covered.
     
  11. Craftsman

    Craftsman Well-Known Member

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    But is it his "Place of Business".
     
  12. UtiPossidetis

    UtiPossidetis American

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    It's not his place of business, its his property that he has leased to another. He looses some rights by entering into the lease. I've had to put on notice, via certified mail, my landlord in the past for his entry onto the premises of my business without a) prior notification or b) emergency circumstances. Get the language you want in the lease up front and be done with worrying. The contract is where you should deal with this issue.
     
  13. gungeek

    gungeek Member

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    The lease gives me the right to enter for inspection, maintenance, etc. with 24 hours notice to the tenant. I'm able to enter without notice in the event of emergencies. There are no restrictions with respect to firearms on my part or the tenant's.

    FWIW, I definitely consider this a business; my wife is a little more forgiving and trusting than I am.

    Sounds from the other posts like CT isn't really a concern with respect to me carrying on the property with no restrictions in the lease.
     
  14. mog

    mog Active Member

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    ^ This. Beat me to it. 24 hrs notice gives you access. I can't remember if written is required or if we just do that for cya.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    That would affect licensing only, not the authority to carry over the objection of his tenant. Anyway, there is clear case law saying a rental is not your place of business. See case law page.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Then preventing you from doing so would be a breach of the lease, and you evict them. Problem solved.