landlord trampiling upon my rights
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landlord trampiling upon my rights - 9/2/2008 10:16:08 AM
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Hatebreed
Posts: 1377
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so i have these landlords, me and me two buddies rent a house from... i keep a gun next to my bed. they came to the house to "work on it" they gave us prior notice, so that wasnt a problem but they had us all call them so they could bitch about the things we werent doing to the house.... like the "back yard" pile of dirt had too many weeds... and the front lawn was not getting enough water... i guess they thought that 20-30 mins every night was not enough. anyway to the rights....
i keep a gun next to my bed and they asked my why that is.
home protection i told them
they told me that i need to keep it in a safe
i told them there are no children ever present in the house.... nor many people besides us for that matter.
and that a gun in a safe is going to do me no good if im using for home protection.
they told me that they owned the house in for 30 yrs and nothing has ever happend.
i told them that may be ture but it doesnt mean something wont happen
they said we have 3 men in the house that should be capable of handeling an indtruder....
they also basicly said that i can find a new house to live in if i dont comply
by this time i could not beleive what they were saying... i was awestruck that they were soo well.... ill let you be the judge
they than go on to say that they will not be held accountable for our stupidoty and if i shoot someone who is breaking into the house they will be sued...
i told them that the 3 people living there know how to use it, one an ex marine and me and the other are and have been for a long time recreational shooters. and i have been hunting since i was 7.....
now they are saying i need to have million dollar renters insurance policy... i have renters insurance but who the hell has a million dollar policy.... i refuse to keep my gun in the safe with the rest of them.
so are these ''people'' infrinding upon my rights, i know the lease agreement says i have to abid by the rules that they post on the property, however, can they post rules that infringe upon my 2nd ammendment rights?????!?!?!?!??
i know its been a lil long story but i have to vent, i have these fools breathing down my neck, im trying to get ride of this bs speeding ticket, going approx 45 in a 35... but its really a 40 mph zone on top of that he worte down shit wrong on the ticket like my d.o.b. and the color of my truck yadda yadda, i hasve to deal with the salvage tittle on bike, at work everything is breaking, computers printers cash drawers and i have to deal with 60 plus customers by myself..... ARGH i need a vaction....
someone make some smart whitty comments about the landlords and tell me there is nothing they can do to make me feel better.
ps i emailed the NRA on my situation asking for advice as well.
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RE: landlord trampiling upon my rights - 9/2/2008 10:37:32 AM
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griff4444
Posts: 81
Joined: 5/15/2008
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SO WHY DIDNT YOU SHOOT THEM
JK
THAT SUCKS BUT I DONT THINK THEY CAN BE SUED WE USED TO RENT A HOUSE TO SOME PPL AND WE NEVER KNEW THAT THE COPS WERE OVER THERE UNLESS SOMEONE TOLD US
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RE: landlord trampiling upon my rights - 9/2/2008 10:46:48 AM
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woo545
Posts: 2403
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If anything check with a lawyer.
In most situations, the renter has more rights then the landlord. As for keeping a piece next to your bed vs. a safe, I don''''t know if that is necessarily infringing on your rights. After all, you have can still own the gun. They didn''''t say you are out if you don''''t get rid of it.
The "following the rules that are posted," to me sound like a bunch of BS. Though you did sign an agreement and that is a very touchy issue. Is it posted that all firearms are to be secured, this is based on whose judgment? Locked in your private space. That can be construed as secured by you.
ALSO, are they basically guaranteeing your personal safety by those comments? That would then make them liable should something happen to you.
If it''s not in the lease agreement, then they will have very shaky ground to stand on.
I''''m not a lawyer, so I don''''t have a concrete answer for ya, just my misc thoughts.
< Message edited by woo545 -- 9/2/2008 10:48:22 AM >
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RE: landlord trampiling upon my rights - 9/2/2008 10:55:45 AM
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Hatebreed
Posts: 1377
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quote:
ORIGINAL: woo545
As for keeping a piece next to your bed vs. a safe, I don''''''''t know if that is necessarily infringing on your rights. After all, you have can still own the gun. They didn''''''''t say you are out if you don''''''''t get rid of it.
i think they have no right to tell me where to keep my guns... by law if i have a firearm within access to a children i am guilty of a misdamenor, but there are no children so a firearm next to the bed should be no problem...
they have nothing in the lease saying anything about firearms.... the psoted rules thing is an attempt to cover all bases.
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RE: landlord trampiling upon my rights - 9/2/2008 11:12:05 AM
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HAVOC
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if they try to evict you based on your choice of where you keep your firearm then they are infringing upon our rights. but if they didnt like that you kept your gun out in the open but use the excuse "we evicted you because you weren''t taking good enough care of the property" then your sol.
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RE: landlord trampiling upon my rights - 9/2/2008 11:34:14 AM
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Hatebreed
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yeah but than they would have to evict the other two tennats because its on one lease... honestly the back yard is well just dirt really hard dirt. with a few weeds... the front was already brown when we moved in so if it still brown now lol its just upkeep and its been maintained bcuz its still brown ahhaa......
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RE: landlord trampiling upon my rights - 9/2/2008 11:44:53 AM
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thisismyacct
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Well maybe you could put it in a less conspicuous place and just say the you keep it in a safe.
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RE: landlord trampiling upon my rights - 9/2/2008 12:12:02 PM
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woo545
Posts: 2403
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Basically the unit and property in which it resides, in general, is the responsibility of the landlord, not the renter. They landlord can give you the option for upkeep (usually by means of a discount), but that is or at least should be handled as a separate contract which can be terminated for non-compliance. As being a discount, your rent doesn''t change, but the landlord pays you for the service. If the landlord is an idiot, he might have put in the lease at the discounted rate. If the landlord decides to "fire" you then, he can''t raise your rent.
Now laws vary from state-to-state. For the most part, the laws usually favor the renter and evictions are usually difficult to accomplish.
There are books available for landlords (Landlord''s Handbook) for different states. Of course, it''s not an official legal reference, but most certainly provides a lot of things a landlord needs to keep in mind.
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RE: landlord trampiling upon my rights - 9/2/2008 1:52:58 PM
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fishfryer527
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Anyone can sue anybody...but that doesn''t mean the suit will not be thrown out, unless the landlord is negligent, which he is not. If anything, the landlord could be considered at fault if he required you to lock up your gun and you did not have it to defend yourself. Ask him to provide a letter stating that in the event you are hurt or killed by a home invader, he is responsible for providing $1 million dollars to you or your family. Better yet, require him to post a $1 million dollar bond to that effect to be held in escrow, assure him that he can keep the interest.
Unless you are doing something illegal, which gun ownership and ease of access isn''t, then they are stepping over their bounds. Usually a lease talks about illegal activity being grounds for eviction.
Whether or not you know how to use a gun is also immaterial, this is America, any retard halfwit can own a gun, for example, I have two.
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RE: landlord trampiling upon my rights - 9/2/2008 1:55:21 PM
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Lamar Vannoy
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Sounds like the only thing he can legally do is not renew your lease when it''s up...
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RE: landlord trampiling upon my rights - 9/2/2008 2:36:47 PM
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Aweasel
Posts: 368
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From: Cincy, OH
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I had to put up with some bullshit from a previous landlord, he went apeshit because I backed the uhaul up to the front door for loading shit in when I moved out. He said he was going to make me pay for any damage that may have been made to the septic system underground if any. Unfortunately he didn''''t notify in the lease that vehicles were not allowed on the grounds because of underground structures so there was no way for me to know.
Basically they have to include ALL the rules they expect you to follow and leave no room for "guessing." If you signed a document stating you have read the rules and regulations in which there was a thing about guns then he may have you in a bind but those things are made to avoid all possible loopholes so both parties understand all the terms of the contract. If the words "firearm, gun, weapon, etc." don''''t appear anywhere on any documents you have signed as read and understood then he''''s got nothing.
Course, like the other poster said he could flip and become a complete stickler about things but it comes back to the lease...the word complaint: "too many weeds" can be a little vague and you could contest to that if he had some kind of issue about the yard. Hardly is that a cause for eviction tho, I''''m sure the judge would laugh in his face if you took it to court.
< Message edited by Aweasel -- 9/2/2008 2:38:22 PM >
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RE: landlord trampiling upon my rights - 9/2/2008 3:11:49 PM
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Shocktroop
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No need to make any enemies or piss him off unless you want to, and who would want that. I can see 100% where you are comming from. I have scads of weapons of every sort in my home, and if a weapon is not on my hip, it is in a safe or secured, thats 100% safety, but I have three boys, but still, ole muphy strikes at will, you never know. Heres my recomendation. I use a sentry hand safe on my nightstand, it opens by placing your hand in a handgroove and keying a sequence of buttons pre-set by you to be as easy or complicated as you want to make it. Even in the dead of the night and half asleep, you simply reach over and your hand fits on top of the safe into the grooves and the pads are at your finger tips. The safe is relatively tamper proof, meaning no kid can get into it, but 10 minutes and a claw hammer could. Its not a vault, just a safe storage option for quick access. Also, is about the size of a shoebox, and it costs less than 100.00. If you don''t want to spend that kind of cash right now, a simple 2$ firearm lock available in any sporting goods store or free from many organizations will sufice to keep the weapon "safe" You still have quick access and it makes your landlord happy. I don''t agree with your landlord, but everyone is soooo sue happy over anything that you could almost bet on someone facing a lawsuit if your weapon was ever used/abused, hes just trying to make sure its not him getting on the wrong end of it. I keep my firearms pretty discreet, I wouldn''t leave out my heater so joe blow the repair man could see what I have just laying around anyway. Do you have a CCW? Reason I ask is that when no-one is home, where is the pistol if its not on you, doesn''t sound like its secured from theft and future use in the wrong hands. Please don''t tell me it''s "Hidden" in the sock drawer.....
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