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Landlord Trying to Violate my Rights

sjhipple

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May 31, 2007
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Concord, New Hampshire, USA
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In Virginia, landlords can't ban guns.

I don't know about MO, but if your lease doesn't mention it, that house is your house. You have all the rights you would have in your own home except those that are explicitly agreed to be given up in the lease.

Don't give in. If he tries to kick you out before your lease is up, you may have the opportunity to make some good case law in MO.
 

mmdkyoung123

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thanks for all the help guys. The lawyer contacted the son by phone and also sent a certified letter, letting them know that I would only plan on staying in the residence if the mom did not come back over to the house with out the son present. He said the son was understanding and apologized again. I figure they would like ot keep me as a tenant as I pay a month ahead and they haven't had any problems. Guess we will see. Thanks again guys.
 

Silverfox44

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Tukwila, Washington, USA
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mmdkyoung123 wrote:
thanks for all the help guys. The lawyer contacted the son by phone and also sent a certified letter, letting them know that I would only plan on staying in the residence if the mom did not come back over to the house with out the son present. He said the son was understanding and apologized again. I figure they would like ot keep me as a tenant as I pay a month ahead and they haven't had any problems. Guess we will see. Thanks again guys.

Great outcome. Good tenants are hard to find let alone keep.:p

Silverfox44
 

Sheldon

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Actually on her property she has the right to state the rules, now me I give discounts to pro gunners in my apartments.

Take baby steps invite her to the shooting range get her enthused, show her some of the NRA citizen stories, convert her!!
 

ChinChin

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May 17, 2007
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Loudoun County, Virginia, USA
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Sheldon wrote:
Actually on her property she has the right to state the rules, now me I give discounts to pro gunners in my apartments.

Not sure how it work in your area, but most places I am aware of. . .a lease/rental agreement constitutes a binding contract, and modifacation to said lease after the signing requires the consent of the leaseor and leasee. If there was no mention of firearm ownership restriction in the initial signed document, she cannot arbitrarly create new enforcable rules.
 

sjhipple

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Sheldon wrote:
Actually on her property she has the right to state the rules, now me I give discounts to pro gunners in my apartments.
She does if it was in the lease. If not, the tenant has the right to treat that house as his own in all respects not mentioned in the lease. The landlord, for instance, can't even enter "his house" unless the lease gives him permission to.
 

Lthrnck

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Jan 24, 2007
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Englewood, Ohio, USA
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I think a landlord and enter your leased house without permission for emergency repairs. About the only time that I am aware of when they can without an appointment.
 

Sheldon

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The owner of the property has the right to state stipulations and they can be as stupid as no red under-ware, all the landlord has to do is give written notice and 30 days.

In Ill a few years ( Ithink during the Clinton years) )back, the I believe Chicago housing authority said no guns in any of their buildings and there was a big to-do about it no prior notice, no contract variations just no guns allowed, and they were upheld by the very anti Chicago area courts.:cuss:



N U R right a land loard canenter at any time they feel a emergency exhists.
 

psmartin

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Oct 2, 2006
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Richmond, Virginia, USA
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mmdkyoung123 wrote:
rdinatal wrote:
Is this a house where there is one unit (you)? Or a 2-3 unit house?

I ask as there may be complications due to "owner ocupancy". When I rented I stayed away from 3 unit rentals just because most time the owner lived there.

Also, if she is unstable, she just might gain access while you're not there.

-R
It's a singe dwelling house. I am sure if I asked, the neighbors would call me if they saw someone there while I was away. It's a very nice neighborhood. I have gotten along great with the neighbors since being there, as they have kids the same age as mine, and the dad is an AVID pistol collector and we have been to the range a couple of times together. I don't want to move, but don't like being hasseled either. It's hard to keep "me irish" down and keep a civil tongue after awhile.
You don't have any worries about being evicted in the short-term.

I simply can't relate to these "irrational" people, I noticed one of my renters firearms when I was working on the bathroom fixtures and he started backpeddling about his gun collection (evidently there are a bunch of Nazi-landlords when it comes to guns) until I mentioned my AR-15.. <ie: you can't be anti-gun if you have a black-rifle!>

Maybe pay your rent a couple weeks early next month and just assume the lady was having a REALLY REALLY REALLY bad day.

I don't care how much I hate one of my tenants, when I'm counting the Benjamins, I love my renters!!!

On the other hand -- your landlord may have a screw loose, anyone who wants to kick-out a paying customer and try to re-rent is crazy.
 

Sheldon

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The biggie to a land lord is that their Tennant's are invisible to them, pay their rent on time, don't break stuff, they don't get calls from the police.

Me I pay for refuse service, and maintain the yard. If you just keep paying your rent on time this will all blow over and be forgotten very shortly.
 

lildobe

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Nov 13, 2007
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Pittsburgh (Beechview), Pennsylvania, USA
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Your landlady sounds completely batshit - thankfully the law IS on your side in this case.

My ladlord got a rude realization as to why he shouldn't come into my house unannounced: My car was in the shop, but I was home and he came in through my front door without knocking... he ended up staring down the barrel of my Mossberg before I realized who it was.

I politely informed him that it was unwise to enter someone's home without knocking - especially mine. He agreed and I've never seen any evidence that he's visited since :D
 

utbagpiper

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ama-gi wrote:
Sheldon wrote:
Actually on her property she has the right to state the rules, now me I give discounts to pro gunners in my apartments.
She does if it was in the lease. If not, the tenant has the right to treat that house as his own in all respects not mentioned in the lease. The landlord, for instance, can't even enter "his house" unless the lease gives him permission to.
Depends on the State. As others have noted, some States limit the ability of landlords to deny RKBA just as all States (and the feds) prevent landlords from denying occupancy due to race or religion.

For example Utah law contains these two nuggets:

http://le.utah.gov/~code/TITLE76/htm/76_0C045.htm

[font="<!--"] 76-10-511. Possession of loaded weapon at residence authorized.
Except for [prohibted] persons ..., a person may have a loaded firearm at his place of residence, including any temporary residence or camp.

http://le.utah.gov/~code/TITLE76/htm/76_0C058.htm

[/font][font="<!--"]76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
(i) a house of worship; or
(ii) a private residence; or
(b) while in possession of a firearm, enter or remain in:
(i) a house of worship; or
(ii) a private residence.
...
[/font][font="<!--"] (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.
(6) A violation of this section is an infraction.


[/font]
 

sjhipple

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utbagpiper wrote:
ama-gi wrote:
Sheldon wrote:
Actually on her property she has the right to state the rules, now me I give discounts to pro gunners in my apartments.
She does if it was in the lease. If not, the tenant has the right to treat that house as his own in all respects not mentioned in the lease. The landlord, for instance, can't even enter "his house" unless the lease gives him permission to.
Depends on the State. As others have noted, some States limit the ability of landlords to deny RKBA just as all States (and the feds) prevent landlords from denying occupancy due to race or religion.
But that's beside my point. If guns aren't mentioned in the lease, he can have them there. Period.
 

jaredbelch

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Aug 8, 2007
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Cottonwood Heights, Utah, USA
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ama-gi wrote:
utbagpiper wrote:
ama-gi wrote:
Sheldon wrote:
Actually on her property she has the right to state the rules, now me I give discounts to pro gunners in my apartments.
She does if it was in the lease. If not, the tenant has the right to treat that house as his own in all respects not mentioned in the lease. The landlord, for instance, can't even enter "his house" unless the lease gives him permission to.
Depends on the State. As others have noted, some States limit the ability of landlords to deny RKBA just as all States (and the feds) prevent landlords from denying occupancy due to race or religion.
But that's beside my point. If guns aren't mentioned in the lease, he can have them there. Period.
Exactly!

-My lease mentions nothing about televisions, so if my landlord came to me one day and said "you can't have a tv in your apartment, and if you don't get it out of here, I'll evict you" I'd laugh at her and call the sheriff's department to try and get her some mental health help.
 

Deanimator

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Sep 21, 2007
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Rocky River, OH, U.S.A.
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Sheldon wrote:
The owner of the property has the right to state stipulations and they can be as stupid as no red under-ware, all the landlord has to do is give written notice and 30 days.

In Ill a few years ( Ithink during the Clinton years) )back, the I believe Chicago housing authority said no guns in any of their buildings and there was a big to-do about it no prior notice, no contract variations just no guns allowed, and they were upheld by the very anti Chicago area courts.:cuss:



N U R right a land loard canenter at any time they feel a emergency exhists.
I believe a Federal court held those warrantless searchs to be unconstitutional, which prompted Bill Clinton to express a desire to "find a way around" the 4th Amendment...
 

UTOC-45-44

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Feb 22, 2007
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Morgan, Utah, USA
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utbagpiper wrote:
ama-gi wrote:
Sheldon wrote:
Actually on her property she has the right to state the rules, now me I give discounts to pro gunners in my apartments.
She does if it was in the lease. If not, the tenant has the right to treat that house as his own in all respects not mentioned in the lease. The landlord, for instance, can't even enter "his house" unless the lease gives him permission to.
Depends on the State. As others have noted, some States limit the ability of landlords to deny RKBA just as all States (and the feds) prevent landlords from denying occupancy due to race or religion.

For example Utah law contains these two nuggets:

http://le.utah.gov/~code/TITLE76/htm/76_0C045.htm

face="
 
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