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Thread: does anyone know this???????????????

  1. #1
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    does anyone know this???????????????

    can a landlord tell put in a lease no firearms allowed in your apt???? and how can this be???

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    Re: does anyone know this???????????????

    Quote Originally Posted by crazydazy86 View Post
    can a landlord tell put in a lease no firearms allowed in your apt???? and how can this be???
    A landlord can put whatever terms he wants into a lease subject to the PA landlord and tenant act ( i assume you are in PA) which doesn't mention guns.

    Its up to you to sign it.

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    And how is this enforceable? Via a eviction...and I doubt it would ever happen.

    It can take months or a year to get that process completed.

    And then you can always say "I did not notice, I don't have the gun in the apt. anymore" and a judge is not going to boot you out.

    It does not affect the LL $$ at all. He would have incurred no loss to argue about.

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    Re: does anyone know this???????????????

    Quote Originally Posted by davidmcbeth View Post
    And how is this enforceable? Via a eviction...and I doubt it would ever happen.

    It can take months or a year to get that process completed.

    And then you can always say "I did not notice, I don't have the gun in the apt. anymore" and a judge is not going to boot you out.

    It does not affect the LL $$ at all. He would have incurred no loss to argue about.
    Months to a year?

    Evictions can happen quickly. Try weeks.

    It also depends on how the clause/covenant is worded.

    If it states that violation if the lease will result in eviction the the judge will evict you per the agreement that they signed.

    It happens with smoking and pets. Don't are why a gun would be different


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    Regular Member Sig229's Avatar
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    Maybe this is a little off topic, but how the hell does this landlord know you own guns?

    I have never had a landlord tell me anything about guns because the topic never comes up. And when I do move in to a new place, getting my gun safe, ammo and guns into my new apartment because like a covert operation because I dont even want my new neighbors to know I have guns.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

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    Quote Originally Posted by Sig229 View Post
    Maybe this is a little off topic, but how the hell does this landlord know you own guns?....
    I'm gonna go on a stretch and guess it might have something to do with the question being asked by a brand new poster, on a forum dedicated to open carry issues.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by Anonymouse View Post
    Months to a year?

    Evictions ... Try weeks.
    In Virginia perhaps. Not in Pennsylvania. In Pennsylvania, lawful evictions can take a year or more.

    If you're thinking of going into the landlord business in Pennsylvania - think again.

    tyc
    Last edited by tyc; 12-05-2012 at 08:43 PM.

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    Re: does anyone know this???????????????

    Quote Originally Posted by tyc View Post
    In Virginia perhaps. Not in Pennsylvania. In Pennsylvania, lawful evictions can take a year or more.

    If you're thinking of going into the landlord business in Pennsylvania - think again.

    tyc
    Hmmm...


    http://www.nwls.org/landlord.htm

    The Landlord/Tenant Act requires your landlord to give you a written eviction notice. This notice must be a 10-day notice if he/she is evicting you for nonpayment of rent, or 15 days if the eviction is for breach of the lease or end of lease term. However, the Landlord/Tenant Act allows the notice requirements to be changed or waived completely if you and your landlord agree to do so in a written lease. After the notice period is over, the landlord must go to the Magisterial District Judge and file a Landlord/Tenant Complaint. The Magisterial District Judge’s office will schedule a hearing in 7 to 15 days from the date the complaint is filed. You will receive notice of the date and time for the hearing. The landlord may ask for possession of the property, money for unpaid rent and damages to the property, if any, at the hearing.

    The Magisterial District Judge will make a decision, either at the hearing, or within 3 days after the hearing. You will be sent a copy of the decision, called a judgment, in the mail. If the Magisterial District Judge grants possession of your home to the landlord, the landlord must wait 10 days from the date the judgment is entered and then go back to the Magisterial District Judge to get an Order for Possession. You will be given a copy of the Order for Possession by a constable or sheriff's deputy. The Order for Possession will tell you the date you have to move. That date cannot be less than 10 days from the day the Order for Possession is issued. If you haven't moved by the date set forth in the Order for Possession a constable or sheriff's deputy will forcibly remove you at that time.
    So...

    Say 15 days as the usual cut off date in lease.

    10 or 15 day notice period. Less if stipulated in lease.

    7-15 days for hearing.

    0-3 days for ruling.

    10 days to wait for order of possession.

    10 days until Sheriff removes you.

    So a maximum of 53 days at maximum or 27 minimum from date of filing for eviction. Not including eviction filing date in lease...

    Weeks. No state would allow years. That's silly.


    8 weeks at the outside. More likely

    Tap'n while driving...
    Last edited by Anonymouse; 12-05-2012 at 09:34 PM.

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    well i open carryed see seen it told me to cover it up when in the apt and i did and then a few weeks later some one told me they put it in the new lease when i sign it it will say no firarms




    Quote Originally Posted by Sig229 View Post
    Maybe this is a little off topic, but how the hell does this landlord know you own guns?

    I have never had a landlord tell me anything about guns because the topic never comes up. And when I do move in to a new place, getting my gun safe, ammo and guns into my new apartment because like a covert operation because I dont even want my new neighbors to know I have guns.

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    Re: does anyone know this???????????????

    Quote Originally Posted by crazydazy86 View Post
    well i open carryed see seen it told me to cover it up when in the apt and i did and then a few weeks later some one told me they put it in the new lease when i sign it it will say no firarms
    Why'd you cover it up???

    Tap'n while driving...

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    the manager ask me to i told her i did not want to so she gave me a letter to quit and i went to talk to her and i told her i will cover it up when i am on the grounds but when i am outside i will not cover it. she said the only reason is becuase people were scared i had a gun lol


    Quote Originally Posted by Anonymouse View Post
    Why'd you cover it up???

    Tap'n while driving...

  12. #12
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    Re: does anyone know this???????????????

    Quote Originally Posted by crazydazy86 View Post
    the manager ask me to i told her i did not want to so she gave me a letter to quit and i went to talk to her and i told her i will cover it up when i am on the grounds but when i am outside i will not cover it. she said the only reason is becuase people were scared i had a gun lol
    What's a letter to quit? Cease and desist? Can an apartment complex even do that?

    Tap'n while driving...

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    Quote Originally Posted by Anonymouse View Post
    Hmmm...


    http://www.nwls.org/landlord.htm



    So...

    Say 15 days as the usual cut off date in lease.

    10 or 15 day notice period. Less if stipulated in lease.

    7-15 days for hearing.

    0-3 days for ruling.

    10 days to wait for order of possession.

    10 days until Sheriff removes you.

    So a maximum of 53 days at maximum or 27 minimum from date of filing for eviction. Not including eviction filing date in lease...

    Weeks. No state would allow years. That's silly.


    8 weeks at the outside. More likely

    Tap'n while driving...

    You're talking about Summer right? Not Winter ... don't laugh ... there's a BIG difference.

    tyc

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    Re: does anyone know this???????????????

    Quote Originally Posted by tyc View Post
    You're talking about Summer right? Not Winter ... don't laugh ... there's a BIG difference.

    tyc
    Umm there are no legal codes allowing for modification of eviction procedures. A judge can postpone it for awhile.

    At best one can ask for a postponement but I can't locate one longer than 2 weeks.

    I didn't write the statutes...

    Tap'n while driving...

  15. #15
    Regular Member Sig229's Avatar
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    Quote Originally Posted by tyc View Post
    In Virginia perhaps. Not in Pennsylvania. In Pennsylvania, lawful evictions can take a year or more.

    If you're thinking of going into the landlord business in Pennsylvania - think again.

    tyc

    Hell, when I moved to PA it took me two weeks to get a drivers license.
    Instead of showing the DMV a birth certificate, I used my valid Passport and they looked at me and the passport as though I had just stepped out of a UFO.
    They said "this is not a valid form of ID". I broke out in laughter and told them that it was a federal ID that can be used also as a birth certificate.

    Everything in PA is dragg-ass. Its been 9 days since I applied for my LTCF and still have heard nothing.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

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    [QUOTE=Anonymouse;1864513
    ,,, At best one can ask for a postponement but I can't locate one longer than 2 weeks
    [/QUOTE]

    Actually it can last ALL Winter and then some.

    tyc

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    [QUOTE=Sig229;1864598... I used my valid Passport and they looked at me and the passport as though I had just stepped out of a UFO.
    They said "this is not a valid form of ID"
    [/QUOTE]

    Believe me when I tell you, a whole lot worse than that is going on in what I call "Primitive Pennsylvania" - a whole lot worse and far too many here in Pennsylvania doen't even have a clue.

    tyc

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    Quote Originally Posted by Anonymouse View Post
    Hmmm...


    http://www.nwls.org/landlord.htm



    So...

    Say 15 days as the usual cut off date in lease.

    10 or 15 day notice period. Less if stipulated in lease.

    7-15 days for hearing.

    0-3 days for ruling.

    10 days to wait for order of possession.

    10 days until Sheriff removes you.

    So a maximum of 53 days at maximum or 27 minimum from date of filing for eviction. Not including eviction filing date in lease...

    Weeks. No state would allow years. That's silly.


    8 weeks at the outside. More likely

    Tap'n while driving...
    My family has been landlords for the past 35 years for a number of houses in Pennsylvania.

    In reality a spring to early autumn eviction takes 60 to 120 days despite what the law says. Very few winter evictions are granted during the winter especially if there are kids or elderly involved, most can only take place during the spring to autumn months.

    What the magistrate normally does is apply extra rent to the bill to cover the long eviction period and/or attaches a lean on the renter's personal and real properties until any past due rent/damages is paid up.

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    Quote Originally Posted by knight0334 View Post
    My family has been landlords for the past 35 years for a number of houses in Pennsylvania.
    In reality a spring to early autumn eviction takes 60 to 120 days ... Very few winter evictions are granted during the winter especially if there are kids or elderly involved, ...
    What the magistrate normally does is apply extra rent to the bill to cover the long eviction period and/or attaches a lean on the renter's personal and real properties until any past due rent/damages is paid up
    .
    That's all well and good BUT if the rental rental income stops while the individual(s) occupy the apartment/house over the Winter ... and I've seen this happen, often. The loss of, the intentional withholding of the monthly rent is a deliberate "gaming" of the system and it it the property owner(s) who loose.

    tyc

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    As a Pennsylvania State Constable, I can tell you that PA laws (both criminal and civil) simply cannot be interpreted as written, especially on the MDJ level. Its one of those things you have to be involved with to understand.

    MDJ's are elected officials who want to stay in office and will give every benefit of the doubt to a low income renter vs a "rich" landlord in a poor county. When kids, sick, elderly, unemployment, drug/alcohol problems etc etc factor in with the tenant, even more sympathy is shown.Regardless of the situation, it is extremely rare for an eviction to take place during winter under any circumstance. The last thing they want is the renters extended family and friends voting for the other guy when up for reelection. Generally, the poorer the area, the more sympathy the defendant recieves. This is especially true if the landlord lives out of the area and dosent vote there. This is not limited to landlord/tenant civil issues either.

    As far as a no firearms clause in a lease, yes that can be included just like no smoking, or no pets. But the terms of a current lease cant be changed without a court order, IIRC.
    Last edited by PA Shooter; 12-24-2012 at 04:18 PM.

  21. #21
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    Quote Originally Posted by crazydazy86
    she said the only reason is becuase people were scared i had a gun
    And somehow they won't be scared if they can't see it?
    They'll completely forget what they've previously seen?


    What if a person belonging to a minority group moved in, and there were no other minorities living in the apartment complex, and someone claimed to be afraid of that person? Would the office gal tell the new tenant to cover up so nobody could see what they looked like, just to make other tenants happy?

    Or if someone from a non-Christian religion moved in... would that person be told not to wear his religious symbols or clothing?
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