[edit: split from http://www.twincitiescarry.com/forum/vi ... p?p=115200 - PLB]



If I remember right, they are not allowed to do that, and assuming they're stupid enough to actually state that as the reason you can go after their wallets. I actually went to my lease signing with my XD open and on my hip. They're even agreeing to let me use the "party room" as a space to teach classes in (assuming there's no shooting going on).

I won't say that the apartment manager is particularly pro gun. In fact, he seemed a little nervous at first, but a good apartment manager, and a good management company will recognize that they are there to serve you, and as long as you're obeying the law, they have no reason to cause you trouble.

She did give me that as the reason she is non-renewing my lease, problem is...they aren't under any obligation to renew. Am I misunderstanding the law? I would love to think I don't have to move out...I don't want to have to move. My lease runs out on Oct 31st. They say I have to have my keys turned in by noon on that day. They didn't put the gun issue in writing, just that they weren't renewing my lease.

In the same way that my employer could give me my walking papers for any reason, I don't know of anything that requires a landlord to renew your lease when it expires. It's their property, and the contract you have with them is complete on Oct 31st. The choice to renew that contract belongs to them, and you as the tenant have no real say in the matter.

Other than possibly trying to talk to them, I don't see any choice but moving when your lease expires. If your landlord was a rational person instead of an anti-gun zealot, you might have a chance to reason with them and remind them of your good history of on-time payments, no problems at your location, etc. However, it sounds like as soon as they saw a gun, all logic and reason was disabled and they have reverted to the standard, anti stance of getting it away from them as quickly as possible.

Good luck.

That's not a fair way of describing it. The tenant has just as much a right to decide not to renew a lease as does the landlord. Neither has the right to force the other to enter into a new contract.

Not exactly. I have never looked into it, but I don't think they can patently discriminate against you for certain reasons. Now, I don't know if being a gun owner is one of those categories, but I think you may be able to find someone to help you out if you want to spend the money/time/hassle only to end up living under a landlord you have a fued with. The best option may just be to find a new place to live, as shitty as that is.

Fair Housing Law

OK, you're right on that one. What I meant was that if the landlord chooses to not renew the contract, the tenant has no way of making them renew it. It would work the same way in reverse. If the tenant didn't want to live in a building owned by an anti, they could choose not to renew the lease and move somewhere else, and the landlord would also have no way of making the tenant renew the lease and continue to live there.

Better?

I'm trying to contact the person who is above the manager. He is somewhat difficult to get in contact with, but hopefully I will be successful and he can help me work this out. I'm really not prepared to have to move at this time!

I'm hoping that things work out for you, but if it doesn't, be sure to have some fun with the manager by asking what they're going to do with the other 10-15 tenants who carry. That'll drive her nuts...

How about the ones who *gasp* own guns and haven't gone through the extensive background checks that I have? At least they have a way to verify that I am safer than many...I have had a CCW for the last 5 years (mostly in Colorado) and my guns haven't jumped out of the holster and shot anyone!

Ok, some other input might be nice. but here's a thought after briefly discussing this electronically with an aquaintance who once took the bar exam:

My idea: an e-mail to the apt manager and their superior outlining the issue

Ideally, it would make the "it's no big deal" case for carry, highlighting your training, education, background check, and commitment to safety as well as the law.

Then reminding them that Landlords may not post and firearms ownership is legal and declining to renew someone for a reason contrary to law is not a great idea.


Any good ideas in here get credited to my acquaintance, any boneheaded mistranslations or additions are all mine. best of luck.


I'm going to split this off soonish since it has hijacked the original thread.

Sorry for the hijack.

you are correct that they are under no legal obligation to renew the lease. However, by stating WHY they were not renewing the lease they may have stepped in it.

For instance, a manager could simply send a letter saying that they are not renewing the lease. However, if the same manager sent a letter saying they are not renewing the lease 'because you are in an inter-racail relationship' they'd have stepped in it as well.

The fact they spelled out a non-illegal activity not mentioned in the lease itself, that seems to give you a lot of wiggle room.

I'd personally have a lawyer contact the compay, state the conduct listed is nether mentioned in the lease nor barred by law, and their naming that legal conduct as a reason for non-renewal would leave them open to tennats under lease breaking the lease early for the same reason. Have the lawyer say that if the company is upset enough about a tennant with a firearm to not renew the lease for that reason only, then anyone with a year lease who wants to get out early can simply state "I think my neighbor might have a gun, so I am moving out immediately, you obviously agree this is a serious concern otherwise you'd not be citing it as a reason for non-renewal"

Have the lawyer point out it would be very hard for the company to go after someone for breaking a lease when that person doing so was 'concerned' by the same behavior as the company itself was. Have the lawyer note that the tenant need not actually have this fear or have actually seen a neighbor with a gun, but simply be willing to claim it. Have the lawyer state he will do his best to let all current tenants know of this 'freebee out of lease' clause, and their building will be known as "Sign for 12, stay for 1 if you want"

it may make them rethink their decision

If you're forced to move, let us know and I'm sure you'll have plenty of help moving. We could make it an OC event!

I can see it now. The truck's loaded, and everybody starts piling into cars to drive over to the new place.

One guy shouts "I'm riding shotgun!" ... and means it.

If Lady Glock has to move, let's give her a hand, AND OPEN CARRY while doing so.
What say yee...
CraigJS