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April 25, 2012, 03:34 PM | #51 |
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I would not like my tenants to own firearms if they were college aged, because of the prevalence of alcohol abuse in that age group.
Alcohol, guns and raging hormones are not a happy combination. |
April 25, 2012, 06:29 PM | #52 | |
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it can be more "fun" than repossessing cars. I managed a bunch of HUD subsidized stuff for a long time. Most try to put you off. When they pay their portion, it’s in cash. Typically, the neighborhoods are very active and a bit less than 1st class. It made life interesting. With my own properties, I don't do "no guns" or HUD.
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April 25, 2012, 07:38 PM | #53 | |
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April 25, 2012, 08:37 PM | #54 |
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Not necessarily, FC. That situation is a little murky, but if it were solely a matter of the contract between the State and the private landlord, wouldn't the State be able to avoid its constitutional restrictions simply by contracting out services for low income housing? That doesn't seem right, now does it?
I've never litigated this issue, but my hunch is that the private landlord must comply with (most of) the State's restrictions, because it's accepting public money, and operating as an extension of the State. By the same token, its employees may be entitled to some of the State's advantages, such as qualified immunity.
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April 25, 2012, 08:42 PM | #55 |
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Fishing_Cabin, The way the Section 8 Regional housing contracts worked here ... The prospective tenant would come to you with either their transfer papers or their approval papers. Those included HAP (housing assistance program) Contract, a W-9, a lead hazard statement (paint, not bullets ), and some other BS stuff.
The rental agreement/lease was another document drawn up by the landlord and had to meet the HUD office approval. The only requirements I ever heard about had to do with cost to tenant issues(no excessive late fees and such), and which party was responsible for repairs/damages/etc. I do remember a clause about it being "in accordance with State law" or something like that. Basically, the guidelines were common sense and the Lease was just like a regular one. I did hear some flap about guns from tenants who said the HUD office had mentioned them. It was just a rumor and I really didn’t care about things that were between the tenants and the HUD office. I did hear an inspector ask a tenant if she had a gun. (her answer was "no") It might have been just part of a conversation rather than part of the inspection. I’ve been present at hundreds of inspections of units and only heard guns brought up the one time.
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April 25, 2012, 09:49 PM | #56 |
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Thanks Spats, and animal.
I have a neighbor who ownes several houses in the rental assistance program here. I always was curious how the contract would work in reference to firearms. Thanks for the information. |
May 25, 2012, 08:23 AM | #57 |
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My apt isnt connected with campus in any way. It doesn't say anything about firearms in the lease but I asked my landlord to make sure before I moved in. Should have seen the looks on the neighbors faces when I carrying the rifle cases when I was moving in.
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May 25, 2012, 06:24 PM | #58 | |
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May 25, 2012, 09:26 PM | #59 |
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As someone who's lived in apartments before, be sure to change out the locks when you move in. Do not give the manager a key. I've seen three different managers get caught in three different complexes over the years, they all come in and check your stuff out, or worse.
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May 27, 2012, 11:17 AM | #60 |
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Aguila, probably would have kept on looking as at that time I had a good sized collection wouldnt have been able to hide it.
Our manager lives an hour away, rarely ever see him. The caretaker here is an idiot - but has no key. They usually leave me alone |
May 29, 2012, 04:21 AM | #61 |
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I rent the home my family and I live in now. What with transferring every couple of years it just don't make sense to buy a house...
My landlords are a young married couple, about my age, and they are first-time landlords. They printed off a generic rental agreement online, which didn't make much sense at all for the location we're in. It prohibited me from possessing firearms within the home, clothesline in the backyard (even though the landlords had one when they lived there), required them to have licensed contractors perform all repairs, instead of me just taking care of most minor repairs and letting the landlords know (with a reduced rent for the month)... And it did not have the "military clause" written in (yes, I know the S&SRA provides it in law, but it is helpful to have both parties agree to recognize its existance instead of telling them 60 days before I leave that I'm moving cross-country). Yeesh... A headache for all of us. So when I looked at the lease and saw all of this, I proposed that we draft our own. I opened up a Word document, copied/pasted relevant info from the electronic copy of the lease agreement, and typed in revisions to address the above concerns. We each took a copy to local lawyers to review and make sure our respective sides of the coin were covered, then we signed. Yeah, it took a little extra work (and a fair amount of cooperation between both parties) but in the end, it was worth it to make sure we had the lease agreement that we both wanted. My landlords didn't want to keep me from possessing firearms or having a clothesline, and I didn't want that young couple to bear the cost of licensed contractors to fix a leaky sink or piece of siding blown off in a storm (not to mention the contractors coming and going in my house). Work with your landlord, especially if they are reasonable individuals. If you're dealing with a corporation or business (apartment complex), things could get a little trickier.... YMMV.
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"To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them." -Richard Henry Lee, Virginia delegate to the Continental Congress, initiator of the Declaration of Independence, and member of the first Senate, which passed the Bill of Rights. |
May 29, 2012, 05:29 AM | #62 |
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If my landlord said I could not have a firearm in my apartment I would move out the next day and live in my car lol.
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May 30, 2012, 03:18 AM | #63 |
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I have never seen such a thing in a lease and would ignore it if it were. A landlord has no right to dictate how you choose to defend your property. Even if you were to be caught you would not be breaking the law but a contract and the worst recourse would be eviction. Although that may not be grounds for an eviction you would have to talk to a lawyer.
Its really no different the carrying your cw into a store that has a policy against weapons on the premises. They have the right to ask you to leave but by initially ignoring the policy you have not broken any laws. In iowa anyway other states may vary. |
May 30, 2012, 08:47 AM | #64 | |
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May 30, 2012, 11:16 AM | #65 |
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+1 Spats. In addition, most states have statutes saying that a person cannot legally carry a gun on private property if he or she has been notified in writing that possession of firearms is prohibited there. This is different than specifically-worded signage that may be required to prohibit legal CCW by a CHL holder in a business that's open to the general public; I'm talking about other forms of written notice on property that's not necessarily public, such as an apartment.
IMHO a lease that prohibits firearms would certainly constitute proper written notice. If a lessee uses a firearm in self-defense, he or she may be vulnerable to charges of illegally carrying a weapon or even committing criminal trespass, even if the legality of the shooting itself is beyond question. It is foolish to assume that "My Rights Will Protect Me" or "Legal Self-Defense is Always OK" in such circumstances.
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May 31, 2012, 04:43 AM | #66 |
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I stand by my statement. Cell phone companies can put in early contract termination fees but its illegal to do so in iowa so it has no validity. Same with leases that deny constitution or human rights or break discrimination laws. So ya a landlord can put whatever he or she wants in a lease but that does not make it legal.
I would rather be alive and looking for a new apartment then dead and a good tenant. |
May 31, 2012, 05:19 AM | #67 | |
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May 31, 2012, 07:55 AM | #68 |
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jason_iowa, I would agree that it is possible that the State of Iowa has a state law prohibiting apartment owners from putting "no firearms" clauses in their leases. (Bear in mind that while I am an attorney, I am not licensed in Iowa. Accordingly, I have not researched Iowa law on this issue.) However, I have never seen a citation to a statute prohibiting such clauses. If you know of such a statute, point it out, and I'll gladly stand corrected. Until that happens, though, I maintain that landlords are within their rights to put such a clause in their leases. The Constitution does not mandate that a private landowner must allow arms on is or her property. It is really no different than a homeowner deciding that guns will not be allowed in his or her home. Their property, their rules.
The State's position on early termination clauses for cell phones has no bearing on the firearms issue. Whether any particular lessee "would rather be alive and looking for a new apartment then dead and a good tenant" is also irrelevant to the issue. I mean absolutely no disrespect in saying that, but the discussion of what you, I or any other person would prefer just doesn't have any impact on a property owner's right to dictate or mandate a given course of conduct. ETA: I did a cursory search of Iowa's laws here: http://search.legis.state.ia.us/nxt/...fn=default.htm and was unable to locate any statute prohibiting "no firearms" clauses in lease agreements. That doesn't mean it absolutely isn't there, but I could not find it.
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May 31, 2012, 08:38 AM | #69 |
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Property ownership does not suspend the laws of the land. If the constitution guarantees me free speech, the right to practice my religion, and the right to bear arms for personal protection then I have that right.
I can write whatever I want in any contract I want that does not mean anything if its illegal or unconstitutional. If a landlord can deny you the right to bear arms then they can deny you the right to practice your religion and free speech right? No they can't. Have they been? Probably but that's only because someone did not fight for their rights. Governments can write unconstitutional laws and landlords can write unconstitutional leases and both have been and will continue too but they are not valid. No I'm not a constitutional lawyer or scholar. Other then spending 8 years in the navy defending it I don't know anymore then anyone else that can read the constitution and SCOTUS decisions. This one was pretty clear in a recent decision. |
May 31, 2012, 09:07 AM | #70 | |||
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As another example, let's say that I, a private actor, own a piece of property and want to allow my church to hold a political rally there. This type of activity (church gathering for political purposes) is clearly protected by the First Amendment (speech, assembly, politics and religion, all rolled into one). Does that mean that I am required to also allow a different church that holds very different views to hold their political rally on my land? No. The First Amendment does not apply, as I am a private actor. I can freely allow the First Church of the RKBA to meet on my land, and freely deny that same privilege to the Third Church of the Antigunner. (Both fictitious, mind you.) If I were a governmental entity, we would have a different situation. Quote:
Perhaps a few more examples will help: If a city (government entity) passes a statute that says "Possession of firearms within city limits is illegal," that statute might be unconstitutional, and hence illegal. OTOH, let's say that XYZ Corp (a private property owner) posts a sign saying "Firearms possession is prohibited on XYZ Corp's property." If there is no state law on the issue, then firearms possession on their property is prohibited, and their prohibition is perfectly legal. If there is a state law that says "firearms possession may not be prohibited by private property owners," their prohibitiion is illegal, but it's not unconstitutional. When it comes to leasing real property and discrimination, a real property owner would be prohibited from refusing to lease to a particular racial, ethnic, or religious group. That's a federal statutory issue, and such discrimination is illegal, but it's not unconstitutional. Now, if we get off into public housing issues, then you have a governmental actor at work, and constitutional issues may arise. That, however, is the subject of a whole different debate. Just to be clear, two separate issues here: 1) Private parties vs. Governmental actors; and 2) Laws vs. contract issues. Quote:
ETA: Sorry to be so long-winded, but I am apparently incapable of briefly explaining constitutional issues.
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May 31, 2012, 11:04 AM | #71 | |||||
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As explained by the United States Supreme Court (Edmonson v. Leesville Concrete Company, Inc, 500 U.S. 614 (U. S. Supreme Court, 1991), emphasis added):
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[1] Yes, a "no guns" clause in a residential lease is discrimination, but in general discrimination is perfectly legal. Every time you decide to shop in this store rather than that, you have discriminated. Every time you decide to buy this rather than that, you have discriminated. Businesses discriminate all the time too, and legally. Apple stores discriminate against people who want to buy a PC by only selling Apple computers. Many restaurants discriminate against Orthodox Jews or Muslims by not strictly following the dietary laws of those religions. Many restaurants also discriminate against persons not wearing shirts and/or shoes by not admitting them. Tiffany discriminates against poor people in the prices they charge. Discrimination is merely choosing one thing over another or rejecting a possible choice. Discrimination is the very essence of freedom and private property. It is the right to choose. It is the right to exclude. It is the right to decide how you want to use your property. Discrimination is perfectly legal, unless some law makes it illegal. [2] To the extent it may be illegal for a landlord to discriminate, it's because of a statute and not the Constitution. There are laws that make discrimination illegal on various, specifically identified and defined bases such as race, religion, national origin, gender, sexual orientation, and some others, illegal -- at least if you're a landlord, a business open to the public, an employer or in some other specified category. These various anti-discrimination laws only prohibit discrimination on those various specified grounds. Having a gun isn't one of them. The leasing of residential property is also heavily regulated by statute. There are laws about clauses that have to be in a lease and about clauses that may not be in a lease. There are laws about the rights of tenants. [4] Conflicting rights often rub against each other, and when they do, it's been customary in our system for a legislative body to decide priorities and enact laws to ameliorate the rubbing. Landlords renting residential property are subject to substantial regulation. The various requirements, regulations and rules to which a residential landlord is subject arose through the political process in which interested parties can participate; and they therefore reflect a considered determination by a legislative body or authorized administrative agency that as a matter of public policy the public interest served by the requirement, regulation or rule was sufficient to justify impairment of the property rights of the landlord. Quote:
On the other hand, if an apartment were not wired for cable or satellite, a landlord could prohibit alteration of the premises to accommodate a cable TV or a satellite TV hook up. And a landlord can, for example, prohibit in a lease excess noise or loud parties.
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May 31, 2012, 11:49 AM | #72 |
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The iowa SC dealt with this issue when I was in high school as it related to hotel rooms. The court found that hotels did not have the right to ban firearms from peoples hotel rooms I don't see how its any different then any other rental property. I understand how the constitution works and I'm sure you agree that its the basis for which all other law is derived in our country.
In iowa a city can not legally ban firearms from city limits or public property. Some citys have passed laws but they are being challenged and will be overturned. Regardless I stand by my original statement that I would ignore it and that no one is going to dictate to me how I choose to defend my loved ones and there is little or no recourse that could be taken. |
May 31, 2012, 12:15 PM | #73 |
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If you can tell me an approximate year on that decision, or give me the names of any of the parties involved, jason_iowa, I'll be glad to try to find that decision. Maybe then I can offer a little better guidance on sorting these things out.
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May 31, 2012, 12:50 PM | #74 |
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There's also an ethical side to the issue: is it ethical to sign a contract with no intent to abide by its provisions? If it is, in your opinion, OK to ignore aspects of a contract you agreed to, is it also allowable for the owner/landlord/manager to not abide by the contract provisions?
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May 31, 2012, 01:34 PM | #75 | ||||
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But the details are important, and there are probably many ways in which to distinguish innkeepers from residential landlords. For example, just as most States have statutes and case law extensively regulating the rights and obligations of landlords in connection with residential leases, so do most States have statutes and case law extensively regulating the conduct specifically of innkeepers. If the court made its decision based on "innkeeper" law, there's no reason why it would also apply to other rental property. So while you might not see how a hotel room is different from any other rental property, that doesn't mean that the court in the way it framed its decision would not have found a hotel room to be different from other rental property. BTW, there is at least one State, I believe it's Michigan, with a statute expressly prohibiting a landlord from prohibiting a tenant with a conceal carry permit from having a gun in his rental property. Quote:
The Constitution is the core to an important and significant body of law in the United States. But the Constitution really has nothing to do with the great bulk of our laws. Quote:
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