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Just received this from my landlord today

Super6O

Regular Member
Joined
Feb 5, 2013
Messages
64
Location
Goddard, KS
Did you sign the lease with such a clause in it?

Or is this new

Sent from my iPhone using Tapatalk
 
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golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,058
Location
Lawton, OK USA
You: "Kiss my ass"
Them: uh der de der

Take your money elsewhere, buy a house (with n o HOA). Do what you want, when you want.
 

JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
This is something totally separate from the lease. This was just something that was left at my door when I got home.
It may not be totally separate from the lease - check what your lease says about firearms, and what it says about your obligation to follow the resident handbook. You might also check Indiana law - in Ohio, they cannot prohibit your possession of a handgun if you have a CHL. I don't know if Indiana has any provisions affecting the tenant / landlord relationship with regards to firearms.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,826
Location
Cumming, Georgia, USA
I can only imagine the ****storm what would erupt if some handbook were to say "Residents may not vote for XX party while they are tenants."

If you can regulate one right privately, why not another?
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
8,852
Location
here nc
i read this a notice to the residents to not discharge firearms during the upcoming holiday...nothing more nothing less? your residents may have a history of discharging firearms w/o regard to newton's concepts applied to bullets, and they want to nip it in the bud.

ipse
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
This is something totally separate from the lease. This was just something that was left at my door when I got home.

The memo seems like a clear invitation for criminals to pay a visit to the complex.

In my opinion no court in the country would order an eviction notice to a citizen based on a citizens ownership of a weapon provided the dollar amount of the landlord/tenant agreement is being satisfied by the tenant, however, when the landlord/tenant agreement date expires, the landlord could decide to not extend a new rental lease to the tenant. At that time, if you feel you are being discriminated against due to you're 2A believes, then you would need to hire a great civil rights attorney to argue you're case.

There are some interesting legal issues in you're post
1- 2A issues
2- Civil rights issues
3- Landlord/tenant
4- Contracts

My .02

Best regards

CCJ
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
If the complex is federally funded, then the 2A issue would be a stronger argument.

My .02

CCJ
 

Gil223

Regular Member
Joined
Jan 5, 2012
Messages
1,392
Location
Weber County Utah
So, they must also refuse to rent to any city, country, state or federal law enforcement officer/agent, who may be required to have a firearm in his/her possession even when off-duty? Otherwise their notice would be an act of discrimination! And, like good little corporate Nazi's, they want neighbors to inform upon one another. Personally, I'd find another domicile. Pax...
:cuss:
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,331
Location
Valhalla
Real estate laws like gun laws are state specific - moving it.

Note: lease terms/rules and regs may be amended with proper notice.
 

tattedupboy

Regular Member
Joined
Aug 10, 2006
Messages
518
Location
Gary, Indiana, USA
i read this a notice to the residents to not discharge firearms during the upcoming holiday...nothing more nothing less? your residents may have a history of discharging firearms w/o regard to newton's concepts applied to bullets, and they want to nip it in the bud.

ipse
Pay close attention and you'll see that it also mentions the "possession" of firearms. That's the part that concerns me.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
Real estate laws like gun laws are state specific - moving it.

Note: lease terms/rules and regs may be amended with proper notice.
Yes. As far as that statement goes, which is not far enough.

Indiana law http://www.in.gov/legislative/ic/code/title32/ar31/ch5.pdf requires 30 days notice to amend a lease. This may not qualify as sufficient notice of intent to amend the lease. Check with an attorney knowlegable with the subject to verify if it does or does not.

An absolute ban on the "possession" of otherwise legal firearms on the rental property probably violates several civil rights - both state and federal. Banning the carrying/use of firearms in the common areas (except to transport firearms into/out of the unit) seems to be allowable under the law.

I see two options possible:

1 - go to the people who issued the "notice" and discuss it with them as regards violations of your civil rights. Probably not a good idea unless you are well-versed in the subject and willing to expose yourself to accusations of possible other violations of the lease rules regarding conduct.

2 - consult with an attorney and request that they use their arts and skills to tell the people who issued the notice where they can file it. While it will cost you, it exposes you to less risk of screwing things up.

And finally - check your PMs.

stay safe.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,331
Location
Valhalla
Real estate laws like gun laws are state specific - moving it.

Note: lease terms/rules and regs may be amended with proper notice.
I would not consider laying a flyer by the door proper notice.
With all due respect, it doesn't matter what you think - what matters is how the law reads.

You will note that I said "may" be amended - not can be or are - and yes delivering said notice at the front door may well constitute proper/legal notice. "At" the front door (which is what the OP said) could be taped to the door, laying on the floor inside, or on a table, but it does not matter w/o examining the RE laws of that state.

Indiana Landlord Tenant Laws are stipulated under the Article 31 of Title 32 of Indiana State Code. The Article comprises of all the legal provisions that explain the role of a landlord, the role of a tenant, the obligations and rights of both the parties and how their relationship should be brought into effect, carried out and terminated at the desirable or at an untoward time. The Article takes into account Indiana building norms and all other laws that relate to infrastructure, ownership of properties and fair housing practices.

There are a total of nine chapters in Article 31 that deals with Indiana Landlord Tenant Laws. The chapters discuss distinctly different aspects of the landlord tenant relationship and sheds light on all legal aspects that should be adhered to at all times.
http://blog.landlordstation.com/explanation-indiana-landlord-tenant-laws/

Generally 'holding over' beyond the effective notice period obligates one to the terms, presuming the change is otherwise legal.

No I am not an expert in Indiana RE law - though I have danced on the head of that pin in several other states and been so certified. If you think that gun laws and RKBA are tricky, you should delve into tenant/landlord laws more - there is less black letter law and fewer case history from which to draw.
 
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davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,170
Location
earth's crust
Its not a crime anyway .. so I would not follow such an amendment ... make him evict me and wait for all those continuances etc ... cost the guy a few thousand bucks to kick you out.
 
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