Legal ?: Can an apartment ban firearms in the lease

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wrxguyusa

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I was reading over a lease for a friend that's about to rent an apartment in Charlottesville, VA. This is not campus housing nor owned by the University of VA that I can tell. It is close to the campus.

From the lease:
11. PETS AND FIREARMS: Pets are not allowed without the express written consent of Landlord, which must be obtained BEFORE the pet is brought onto the premises. Resident understands that there will be additional fees charged in the event that permission for a pet is given. Firearms are not allowed on the premises.
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Is this legal? Why are firearms lumped with pets?

Is UVA off-limits for concealed carry? I don't think it is, but if anyone knows I would like to be sure.
 
what they don't know doesn't hurt them, but could get you evicted if they find out.

My best guess from reading similar threads like this is it is private property and they can make whatever rules they want.
 
Your right to keep and bear arms, is only enforcable against the Federal Govt'. Only the 9th circuit (of which VA is NOT a part) has incorporated the 2d amendment, and that was only a three judge panel.

Even if VA state constitution guarantees a right, it is only enforcable against the state.

A private actor, like the owner of an apartment complex is free to set any lawful terms he likes on his property, and your friend is free to take it or leave it. Gun ownership is not a suspect class for Equal Protection purposes, and the Civil Rights acts won't reach it either.

Bottom line, on private property the owner sets the rules...

Ask your friend how much he likes the apartment.
 
it depends on state law, here in CA they could not.

But lets for get all that for a second. If you sign a lease, you should fallow the lease.
 
The apt we just left had a no firearms policy. We just took the risk of getting kicked out and kept quiet about our guns. The funny thing is, while we were there I saw no less than 5 other tenants taking gun cases to/from apts and cars. But then it was a pretty upscale apt complex, so maybe the landlords were not real concerned about it. Considering how far they dropped the prices to keep tenants during this recession, I suspect they also didn't want to lose revenue by evicting people.
I'm so glad to be back in a real house again.
 
Private property, yes they can do that. If the lease is signed then it is agreed to. Nothing says your friend can't ask to strike that part of the lease.

Don't know why firearms are lumped with pets, maybe so you'll overlook it?

UVA is off limits for any kind of carry if you are a student or employee, there is a legal opinion on the Commonwealth's Attorney website stating that the university gets to make the rules. The general public is restricted if entering a building.
 
I have been research and in another forum, someone brought up this VA law. So what is public housing vs private housing and where does an apt complex fall?

§ 55-248.9. Prohibited provisions in rental agreements.

A. A rental agreement shall not contain provisions that the tenant:

1. Agrees to waive or forego rights or remedies under this chapter;

2. Agrees to waive or forego rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Condominium Act (§ 55-79.39 et seq.), the Virginia Real Estate Cooperative Act (§ 55-424 et seq.) or Chapter 13 (§ 55-217 et seq.) of this title;

3. Authorizes any person to confess judgment on a claim arising out of the rental agreement;

4. Agrees to pay the landlord's attorney's fees except as provided in this chapter;

5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected therewith;

6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation; or

7. Agrees to both the payment of a security deposit and the provision of a bond or commercial insurance policy purchased by the tenant to secure the performance of the terms and conditions of a rental agreement, if the total of the security deposit and the bond or insurance premium exceeds the amount of two months' periodic rent.

B. A provision prohibited by subsection A included in a rental agreement is unenforceable. If a landlord brings an action to enforce any of the prohibited provisions, the tenant may recover actual damages sustained by him and reasonable attorney's fees.

(1974, c. 680; 1977, c. 427; 1987, c. 473; 1991, c. 720; 2000, c. 760; 2002, c. 531; 2003, c. 905.)
 
hmmm... my understanding is that a contract you sign is pretty legally binding. unless you come into criminal activity within the contract itself.

as to the VA law posted, you need to find in VA law where public/private housing is defined. my understanding of this is private housing is residential buildings in which you live and own. public housing is residential buildings in which the owner does not reside and is rented out regularly. an apartment complex would i think be public housing.
 
I would think they could make up any firearm restrictions they want. If he doesn't like it move out.

As for being a WRX USA GUY you make your own rules lol. Used to have an 04 and miss it dearly, probably the coolest car i've ever owned....
 
I agree that apartment owners may include restrictive terms in the lease (leaving aside specific statutes like the Virginia statute). However, the thought occurred to me that there might be a way to attack such a provision.

For many years, racial segregation was enforced through the use of covenants in deeds. One agreed not to sell to a minority when they bought the property. If they did, they could be sued in state courts. Federal courts finally put an end to this by deciding that the action of state courts in enforcing these contracts constituted state action and was therefore unlawful under federal law. In other words, you could put them in contracts but you couldn't enforce them in court.

In a similar vein is a line of cases that began with Batson v. Kentucky where the U.S. Supreme Court held that the use of peremptory strikes (challenges to jurors for no reason) was unlawful if done with discriminatory intent. There was state action, even if it was a private party using the peremptory strike, because it was a state system and allowed by state courts.

Now, it just might be possible to argue that under Heller, firearm possession is a fundamental right. While a landlord could place a no firearms clause in the contract, the landlord could not enforce it in court because it would require state action to violate a fundamental right.

Just something to think about. I go with the theory that what they don't know won't hurt them.
 
the problem with that is that you'd have to take them to court over it. And possibly get a lawyer. And that takes time and money - neither of which most apartment residents can sacrifice if they wish to pay their rent. It's a rock-and-a-hard-place situation, assuming it would work.

The only solution I can think of is to either leave them in your car (risky) or buy a big duffle bag or sports bag and use that as your source of transport to and from the range. You can't get evicted if they don't catch you...

The real problem I see is if you own a gun safe. It's gonna be kind of hard to sneak that past people.
 
This is why here in Minnesota, they specifically put language in the law banning landlords from prohibiting firearms.
 
Just because it is private property does not mean they can do that. In several states, they have laws saying that your right to bear arms trumps any kind of lease agreement. It is state specific however. I bet a call to the DA will get your question answered.
 
This is getting off track. The question is not weather or not a contract that you willingly and knowingly sign will stand up in court.

The original question is if it is legal to require someone to waive their right to free firearm ownership in a lease.

It falls under the same category as pets. Although it is not illegal to own a pet, many apartment dwellings restrict ownership..right?

I think it's pretty disgusting that something like this is in the lease but who knows, maybe the property owner has a deal going with a local B&E gang and wants to insure their safety and stress free working conditions.

People who like pets, simply find another place to live which will allow pets. Same would apply here. If your friend chooses to find another place to live because of this verbiage, it may be beneficial to let the property owner know what has driven him away.

Or as suggested above, he could always ask for the clause to be removed.
 
I don't see what the big deal is. If a person wants to voluntarily waive his rights, it should be legal for him to do so.

People waive their rights all the time. You have the right to remain silent when arrested, but many people waive this right. You also have constitutional protection against self incrimination, but again, people will often voluntarily waive that right and start answering questions they shouldnt.
 
This is why here in Minnesota, they specifically put language in the law banning landlords from prohibiting firearms.
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IANAL, But, that would seem to be the same in VA...

§ 55-248.9. Prohibited provisions in rental agreements.

A. A rental agreement shall not contain provisions that the tenant:


6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation;
Click to expand...
 
In Ohio as long as you have a CCW, a landlord cannot prevent you from carrying, or having firearms.
Discretion will serve you well.
 
find another place to live
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Not as easy as it sounds in C'ville. It's a relatively small town, and there are pretty limited options when it comes to apartments. At least a decade ago everywhere we looked had restrictions on firearms in the lease. I'm not sure about the legalities of such lease agreements.

We asked our landlord to take that section of the lease out and he agreed. They are pretty standard leases and some landlords may not care about certain sections of the boilerplate documents. You might try that.
 
1. Agrees to waive or forego rights or remedies under this chapter;
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You CANNOT waive rights. That is why they are RIGHTS, and not PRIVILEGES. This contract, the way it is worded, would get overturned in a court of law.
 
Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation;
Click to expand...

I think the "Public Housing" being referred to in this regulation is government subsidized housing, not privately owned rental housing or apartments.
 
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