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Posted: 9/29/2004 8:36:18 PM EST
"Is it legal for an apartment complex to say you cant have guns and ask what happens if they come in and want to see inside a locked safe because of a reasonable suspiscion"

Thats his question because he has a .357 with no place to keep it and he wants to know the legality of thier rules.
Link Posted: 9/29/2004 8:37:48 PM EST
umm tell them to fuck off
Link Posted: 9/29/2004 8:38:21 PM EST
They do it around here all the time. For the university approval that the apartment complex needs it is one of the rules. Its private property they can do what they want. When I lived at the university I kept my guns in a portable safe locked in my car.
Link Posted: 9/29/2004 8:40:18 PM EST
Tell them to convince a judge to sign a warrant
to open that safe.
Start looking for another apartment that doesn't have
nazis running it.
Link Posted: 9/29/2004 8:41:05 PM EST

Originally Posted By ARDunstan:
Tell them to convince a judge to sign a warrant
to open that safe.
Start looking for another apartment that doesn't have
nazis running it.




um private citizens cant get warrants to search peoples property
Link Posted: 9/29/2004 8:42:05 PM EST

Originally Posted By repub18:

Originally Posted By ARDunstan:
Tell them to convince a judge to sign a warrant
to open that safe.
Start looking for another apartment that doesn't have
nazis running it.




um private citizens cant get warrants to search peoples property




EXACTLY!
Link Posted: 9/29/2004 8:42:20 PM EST
[Last Edit: 9/29/2004 8:42:44 PM EST by Combat_Jack]
He should have property rights as a renter, but if they believe he is doing something illegal they could evict him. So they can't force the safe or anything, but they can force him to leave.
Link Posted: 9/29/2004 8:42:36 PM EST
Hey I am the one that asked, this site is kind of hard to navigate on.

I live off campus. My complex has a thing in the lease that says no guns. I have targets on my walls with the type of gun used to shoot them written on them.

I just want to know if my landlord can walk in and tell me they have a suspicion and demand that my place be searched and locked safes opened.

Gun or no gun, I wont open my safe for anyone. If I wanted people to see in I would leave it open.

Thanks.
Link Posted: 9/29/2004 8:44:15 PM EST
Also, I am doing nothing against the law, any guns that I own, might own, or percieve as mine would/are legal.

The own the internet connection too. lol
Link Posted: 9/29/2004 8:44:20 PM EST
If you refuse to open the safe, all they can do is
have you evicted for violating the lease contract.
They have no right to open YOUR private property.
Move.
Link Posted: 9/29/2004 8:45:01 PM EST
[Last Edit: 9/29/2004 8:46:25 PM EST by repub18]

Originally Posted By Waldo0506:
Hey I am the one that asked, this site is kind of hard to navigate on.

I live off campus. My complex has a thing in the lease that says no guns. I have targets on my walls with the type of gun used to shoot them written on them.

I just want to know if my landlord can walk in and tell me they have a suspicion and demand that my place be searched and locked safes opened.

Gun or no gun, I wont open my safe for anyone. If I wanted people to see in I would leave it open.

Thanks.




just take down the targets so they dont have any suspicion to begin with, and no they cannot force you to open your safe.
Link Posted: 9/29/2004 8:45:20 PM EST
[Last Edit: 9/29/2004 8:47:10 PM EST by ajm1911]
I think that they can evict you for breaching your lease agreement, but they have to have proof. Without some kind of search or someone catching you then I don't think they can kick you out without you being able to file a complaint with the housing authority in your area. The only thing is this is private property and they can put whatever they want on the lease agreement. Since you signed it, they can tell you you must abide by the agreement.
Just lock em in your car. Its easier, or better yet get somebody to hold onto them for you.
Link Posted: 9/29/2004 8:45:42 PM EST
[Last Edit: 9/29/2004 8:45:57 PM EST by repub18]

Originally Posted By ARDunstan:
If you refuse to open the safe, all they can do is
have you evicted for violating the lease contract.
They have no right to open YOUR private property.
Move.




yeah but they cannot prove that there is firearms in that safe so they cant legally evict him
Link Posted: 9/29/2004 8:48:00 PM EST
Wow the responses are great. I appreciate this.

I guess the question should be...

If a landlord believes that something that violates the lease is in a safe do they have the right to ask that the safe be opened?

I will take my target down, my support for the NRA cant go though, I am to stubborn for that.
Link Posted: 9/29/2004 8:48:52 PM EST
It is my understanding all housing subsidised by HUD falls under this rule also .
Link Posted: 9/29/2004 8:49:03 PM EST

Originally Posted By Waldo0506:
Wow the responses are great. I appreciate this.

I guess the question should be...

If a landlord believes that something that violates the lease is in a safe do they have the right to ask that the safe be opened?

I will take my target down, my support for the NRA cant go though, I am to stubborn for that.




they have every right to ask but they cant do shit about it when you say no
Link Posted: 9/29/2004 8:49:59 PM EST

Originally Posted By repub18:

Originally Posted By ARDunstan:
If you refuse to open the safe, all they can do is
have you evicted for violating the lease contract.
They have no right to open YOUR private property.
Move.




yeah but they cannot prove that there is firearms in that safe so they cant legally evict him



They can evict him for NOT abiding by the terms of the lease.
A good lawyer would have written that lease to say if you refuse
to abide by any and all of the terms of this lease, then the contract is null and void and
you will be subject to eviction.
Link Posted: 9/29/2004 8:50:11 PM EST
Read your lease agreement very carefully about inspections, especially "cleaning checks" often performed on student apartments. If their is nothing about inspecting your personal property then they can't make you open it. They can watch you like a hawk and the minute you take your toys out shooting and they see it your busted. seriously get a safe and bolt it to your car.
Link Posted: 9/29/2004 8:51:06 PM EST
I really appreciate your help. I will take your advice and loose the target, and any other evidence.

My brother said that when his complex messed with him about his property he said "Have you lawyer call me".

Nothing has been said and nobody has called since.

Thanks again.
Link Posted: 9/29/2004 8:51:40 PM EST
your best bet is to remove all signs that you own a firearm and put the pistol under the bed in a little safe.
Link Posted: 9/29/2004 8:59:44 PM EST
They have no business even ASKING what is in a locked safe.


Yes they can make the rules....but he can easily get around this one.


SGatr15
Link Posted: 9/29/2004 8:59:57 PM EST
[Last Edit: 9/29/2004 9:05:06 PM EST by JB69]
I do believe their 'rule' of no guns is illegal....

Now you NEED to check with a lawyer on this, for the correct answer, but I seem to remember somewhere that they cannot legally prohibit you from keeping your legally owned firearms in a rented residence. I believe this exact situation was brought up here just a month or two ago..

I MAY be wrong, but I don't think so....... Of course, this may vary from state to state, so you really need a definitive answer from a lawyer.

Though, hanging used targets on your walls in plain sight isn't the brightest thing you could do..... Just inviting aggravation....

And also, know that your landlord can NOT enter your apartment without prior notice and your consent , short of an emergency, fire, search warrant, or 'exigent circumstances' on the part of the police.. plain and simple. There's stipulations to this, so find them out as well.... This is called a "reasonable expectation of privacy" and is guaranteed under renters laws

So if he thinks he can just waltz in whenever he feels like it, looking for something to screw with you over, he's dead wrong, and needs to be made to understand this.......

Renters DO have rights, and many more than most people think....

Sometimes TOO many, when they're shitbags, but anyways...

Talk to a lawyer..... There are actually a few right here on this board.. they can surely point you in the right direction for the answers you need.
Link Posted: 9/29/2004 9:00:12 PM EST

Originally Posted By repub18:
your best bet is to remove all signs that you own a firearm and put the pistol under the bed in a little safe.

Yea but you should do that anyway .

P.S. Urban camo....
Link Posted: 9/29/2004 9:01:53 PM EST

Originally Posted By ajm1911:
Just lock em in your car. Its easier,




That's a really stupid suggestion.


SGatr15
Link Posted: 9/29/2004 9:04:23 PM EST

Originally Posted By sgtar15:

Originally Posted By ajm1911:
Just lock em in your car. Its easier,




That's a really stupid suggestion.


SGatr15




yeah really, not only the fact that you car could be stolen or broken into but if you do encounter someone trying to hut or rob you in your own home what are you to do "Hold on let me go to my car so I can get my gun to shoot you with"
Link Posted: 9/29/2004 9:18:26 PM EST
[Last Edit: 9/29/2004 9:19:42 PM EST by JB69]
Found this after posting above.....

apartments.about.com/cs/landlordtenant/a/tennessee.htm

Tennessee : Rental Law, Consumer Protection, Where to Find Housing Help

I'm sure a call to the correct place will get your questions answered accurately.

Good luck
Link Posted: 9/29/2004 9:48:51 PM EST

Originally Posted By Waldo0506:
Hey I am the one that asked, this site is kind of hard to navigate on.

I live off campus. My complex has a thing in the lease that says no guns. I have targets on my walls with the type of gun used to shoot them written on them.

I just want to know if my landlord can walk in and tell me they have a suspicion and demand that my place be searched and locked safes opened.

Gun or no gun, I wont open my safe for anyone. If I wanted people to see in I would leave it open.

Thanks.



Well, if it says it in the lease and you signed it, you have no leg to stand on and he can evict you if he wants to. But, he cannot search anything in your apartment without your permission and you being present. If he comes in when you aren't home and tries to get into your safe, you could press charges against him.
Link Posted: 9/29/2004 10:10:05 PM EST
I would assume that if you are on good terms with your landlord that even if you did get caught he would just give you a warning.
Link Posted: 9/29/2004 10:15:44 PM EST
I dont think that you guys are looking down the right path here.

Its liablity protection. some tenant goes off on a rampage and blows away 1/2 the residents (and their dogs)and in this litigious society suing EVERYONE, releases the apartment complex of any suit.

Victicrat: "Why would you let such a deranged animal live here?"

Landlord: "Hey we said NO GUNS... He broke the rules, we TRIED to protect you"
Link Posted: 9/29/2004 11:34:28 PM EST
First the they have a duty to protect you if they ban guns is such a specious argument that anybody that suggestss it should be recognized as lousy advisor at best. If you don't believe ask on the Legal Forum. And as usual people are answering based on their emotional fixation about guns without regard to the law where you are.

It's different almost everywhere
Renters have Rights
Landlords and Property Owners have rights.

You sign a contract you better be willing to abide by it or suffer the consequences. And in a lot of places you might not get evicted but your lease might not be renewed and what happens the next place you go to rent and they ask for a referral from your current landlord??? You think you're gonna be able to rent when they say they didn't renew because you couldn't follow the rules??? Not in a good place you won't.

Like you noticed, contact the local renters reights offices, after all your taxes probably paid for them. Also check with Landlord Rights Groups. Not saying they are biased, but you go to some LIBERAL renters rights advocate who hhates guns what kind of advice you gonna get??? Do your homework.

That said, I have kept firearms in an apartment with a prohibition. I was discrete. Where you may get screwed is when they make you pay for repairing where you fastened the safe to the wall. You were planning to fasten it down weren't you???

Link Posted: 9/29/2004 11:39:11 PM EST
It takes at least a year to evict someone anyway, and if you're paying on time, they're not likely to kick you out.

Also, not sure about your state, but in AZ they need to give you 48 hours notice to enter the apartment. When I had an apartment I solved the problem by putting a locking doorknob on the door and keeping the only key.
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