Carry as a landlord

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.

 

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.

 

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.

 

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.

 

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.

 

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

 

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

 

But is it his "Place of Business".

 

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.

 

^ 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.