Can a landlord have a "no gun policy" in their lease?
- Coffee DrinkerLv 711 months agoFavorite Answer
There is nothing in federal law and no federal court cases that specifically address this issue. So in practice, landlords can institute this policy and no federal law or court has ever said they can't.
As mentioned by others, there are a few states that specifically address this in state law.
You could make an argument that refusing to rent to gun owners is discrimination. After all, would it be permissible to rent to someone with a clause in the lease that prohibits them from attending Church services on Sunday morning, or prohibits them from exercising their constitutional right to vote for the candidate of their choice on election day? But, that's all hypothetical until someone decides to take the matter to federal court and/or until congress passes a law addressing the matter.
Until then landlords can put it in their lease and hope that either their tenants will comply and/or they'll win any eviction case they have to bring against a non-compliant tenant.
But more likely scenario is that the 30-50% of American's who own guns will simply walk away and choose another rental property, and the landlord will have a slightly harder time filling their vacancies which may result in slightly less revenue from their investments.
- roderick_youngLv 711 months ago
In the USA, it would depend on local law. Our dorms had such a rule when I was in a private university. It was a big name that you would recognize, so if a Second Ammendment challenge had any chance of prevailing against the college, someone would have tried it by now.
- TiLv 711 months ago
YES, of course.
- oklatomLv 711 months ago
Yes, but it is not enforceable as it violates the second amendment of the Constitution of the United States.
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
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- 11 months ago
There are no correct answers
The correct answer is it depends what state you are in.....Only four states have specific laws regarding landlords and guns at rental properties
•Minnesota: A landlord cannot restrict the lawful carry or possession of firearms by tenants or their guests. Minnesota Statute 624.714
•Tennessee: A private landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within a leased premises. Such a prohibition may be imposed through a clause in the lease. Tennessee Statute 39-17-1307(b).
•Virginia: Public housing prohibits landlords from restrictions on gun possession for tenants – Virginia Rental Housing Act 1974 Tennessee 55-248.9.6.
•Wisconsin: This state has a complicated maze of where a weapon can or cannot be possessed. W Stat. § 175.60(21)(b).
A private landlord can say, ‘We prohibit all tenants from possessing a weapon anywhere on the property.’ The private landlord can make that decision because there hasn’t been a case yet that draws the Second Amendment into the private-landlord decision-making process on the issue, as has happened with Fair Housing issues like race, color, national origin, familial status, religion, gender, age, military status and Americans with disabilities.” Therefore, government assisted housing must respect a tenant’s constitutional right to bear a firearm. However, the housing authority can still prohibit firearms in common areas.
- babyboomer1001Lv 711 months ago
Yes and many do.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- MaxiLv 711 months ago
- Anonymous11 months ago
Yes they can. WHen you sign your least, you're agreeing to the contents thereof. If you sign and the "no guns" policy is in there, then you are agreeing to be gun-free.
This is a scoff rule as they can't enforce it. The worst they can do is kick you out if you violate, but they have to prove that you're in violation.
- NancyLv 711 months ago
In the US, not legally. The Supreme Court has adjudicated that the right to housing is protected by the US Constitution, so even though landlords aren't the federal government, they aren't allowed to discriminate against people in contravention of a tenant's rights under the US Constitution. The only possible grounds by which such a policy would hold up under the law would be if the landlord ascribed to an established and known religion whose doctrine barred gun ownership and possession.
- Ranchmom1Lv 711 months ago
Yes, one of our daughters lived in an apartment which had that as a requirement.
In practice, it isn't enforceable (she had a gun anyway).