"No Guns" in apartment lease. What to do?

[Double Action Blue]

Hi. I'm looking to move into an apartment complex in Silver Spring. They faxed me the lease:

"Possession of guns or weapons or any apparatus related thereoto upon the premises or any part of the apartment community is strictly prohibited. Violation... immediate eviction... blah, blah, blah."

We're getting close to moving day and don't want to keep looking for apartments (all the way from Denver). Also, we won't have jobs when we get there so we don't have the "proof of income" that apartments require and that's a big and common obsticle. (This place didn't seem to notice when we sent check stubs from our Denver employer)

What would you do?

Move in anyway and just not advertise it?
Call them and tell them it's a big problem and that they have a lot of nerve?
Just keep looking for different apartments despite the inconvenience?

Help!

 

[Lambo]

Their violating a inalienable Right.........Law Suit.

 

[Funbrit]

If you chose to continue to look, PM me and I will give you the information on my apartment complex. It is not in Silver Spring but in Rockville which is 10 minutes west, I do not know what you are looking for rent but they are about the same as anywhere else.

The manager here is fully aware I hunt and have guns in my home I don't think she really knows how many though (18) not too mention her young teenage sons hunt with there dad but I think those guns are at there dads and not her home.

She seems gun friendly and a genuine nice person, I do not know if the no job thing would be a factor with her/complex but as I said I will be happy to give you her name and number if you want to try the waters.

 

[Scottysan]

rightly or wrongly, I've lived several places where it would have been an issue, had they known that I kept guns for personal protection. But my being able to protect myself, should that need arise, is none of their business. With that in mind, I never advertise.

 

[novus collectus]

Their violating a inalienable Right.........Law Suit.

Hate to say it, but private property. I would think if they are not some kind of government entity, then if they can prohibit campaign signs (free speech), or assemblies for protest, then they can restrict some other rights (but not all of them) on their property.
A judge would probably say you have a choice not to live there.

 

[Yoboney]

Hi. I'm looking to move into an apartment complex in Silver Spring. They faxed me the lease:

"Possession of guns or weapons or any apparatus related thereoto upon the premises or any part of the apartment community is strictly prohibited. Violation... immediate eviction... blah, blah, blah."

We're getting close to moving day and don't want to keep looking for apartments (all the way from Denver). Also, we won't have jobs when we get there so we don't have the "proof of income" that apartments require and that's a big and common obsticle. (This place didn't seem to notice when we sent check stubs from our Denver employer)

What would you do?

Move in anyway and just not advertise it?
Call them and tell them it's a big problem and that they have a lot of nerve?
Just keep looking for different apartments despite the inconvenience?

Help!

I have no idea why you are moving from a state where there are no fleas to a horrible crime ridden state. It sounds like you are moving into an apartment complex under some government program that is government paid housing. That is the reason they have the gun disclaimers in the lease but it is unconstitutional. Silver Spring is the most diverse part of Montgomery County and also the most crime. In Silver Spring there are many homes that are vacant and condemned because of the economic downturn. You could probably buy/rent a home in Silver Spring for what you are renting an apartment. Good luck.

 

[novus collectus]

Hi. I'm looking to move into an apartment complex in Silver Spring. They faxed me the lease:

"Possession of guns or weapons or any apparatus related thereoto upon the premises or any part of the apartment community is strictly prohibited. Violation... immediate eviction... blah, blah, blah."

Geez!! How are you going to eat without knives and dangerous forks? Guess if you play baseball you have to keep the bat off premises.

We're getting close to moving day and don't want to keep looking for apartments (all the way from Denver). Also, we won't have jobs when we get there so we don't have the "proof of income" that apartments require and that's a big and common obsticle. (This place didn't seem to notice when we sent check stubs from our Denver employer)

What would you do?

Move in anyway and just not advertise it?
Call them and tell them it's a big problem and that they have a lot of nerve?
Just keep looking for different apartments despite the inconvenience?

Help!

You are breaking no law if you are caught, so the worst I assume you have to risk is the security deposit. I doubt if you have been there for a few months they can "immediately" evict because I think in MD they have to go through a process that takes a month or two.
I would say screw them and have a firearm for protection if I felt I needed one if I had few other choices at the moment.
Be careful how you store it so the maintenance guy can't see it or them.
Give them a piece of your mind when you find another place to move into. Maybe if they realise they are losing customers/tennants because of a stupid policy they might reconsider it.

 

[novus collectus]

Welcome to MDShooters Yoboney.

 

[zoostation]

The Heller decision might eventually impact these no-gun clauses in apartment complex leases, but that is a long way off time-wise.

Silver Spring is a very liberal area, generally speaking, as are really all of the Maryland suburbs in the DC metro area. And MD gun laws in general suck, though it's not as bad here (yet) as it is in Jersey or Massachussetts. You might want to consider staying on the other side of the river in Virginia. A lot friendlier to gun owners there.

 

[mudskipper]

Ask if the management company will sign a written gaurantee that states they will protect you and your family and property 100% of the time from any type of crimminal harm, theft, tresspass or physical victimization while residing in their building.

Of course, they're not going to sign any such document.

Now, you can in good conscience lie to them in the lease.

Just make sure everything is locked up 100% of the time you're not home. Snooping maintainance-man types are a big problem in some places.

If they give you any shit about what's in that safe, tell 'em to pound sand. If they threaten to evict, stop paying rent immediately. It'll take 90 days to get a notice, in the meanitime, you've found someplace else to go.

In short, be a dick about it.

 

[canuck]

Tell them to take a flying f*ck at a rolling donut! Take your $ elsewhere. On the back page of this mornings paper was an add for a nice looking place (if you want to live in monkey county) georgianapts.com


Move to VA instead.

 

[NittanyLion]

Hate to say it, but private property. I would think if they are not some kind of government entity, then if they can prohibit campaign signs (free speech), or assemblies for protest, then they can restrict some other rights (but not all of them) on their property.
A judge would probably say you have a choice not to live there.

An apartment isn't like you're walking into a mall though. It's going to be your legal place of dwelling, and you're going to be leasing it. Can they really violate your 2A rights like that?


Yeah I'd try to find another place. But if they're all the same, just don't say anything and keep it all locked up. If you actually need to use it and are alive to get an eviction notice, better that than dead.

 

[AKbythebay]

Simple - do it anyway. When I lived in a apartment I had a cat which was not allowed. Now it seems to me that if I can keep them from finding out I possess a cat for two years it should be significantly easier to possess a firearm without them finding out!

 

[Spot77]

Might it be worth a phone call just to clarify that the lease prohibits weapons in common areas of the apartment complex?

I'm not a lawyer and I don't know what the entire lease says, but perhaps that wording is somewhat standard so that people of lesser intelligence don't walk around the complex carrying "because they live there."

 

[xd40c]

As mentioned earlier it is private property and you do have the choice to not rent there.

For the landlord this could be seen as a safety/liability issue. In close quarters like an apartment building, a bullet can go through several walls, a person could be inadvertently struck in an adjoining apartment. Remote possibility? Yes. But if it happens, the landlord is going to be sued to no end. Might as well protect yourself.

Now, if I were in your shoes, I'd just bring the weapons in and keep my mouth shut. The worst thing the can do is kick you out. And an eviction in Maryland can take several months.

 

[medic87]

The apartments where I live have a "no weapons" clause as well, probably due to Montgomery Co. laws.... lets just say I may or may not have firearms in the apt. Either way, I don't/wouldn't advertise it.

 

[Kevp]

That would be two reasons I wouldn't want to live there:

1) They are denying your Constitutional Right (don't think it is worth the lawsuit).

2) It may be an indicator of past violence involving firearms.

There are too many places to live out there to get wrapped up in that kind of crap.

 

[smokey]

our apt in salisbury we had said we weren't supposed to have kegs inside.....as long as you're fine with the knowledge that if you get caught you can be bumped out on ure butt and lose ure deposit live there and protect yourself. the other choice would be live their unarmed by a lease and risk the risks of an unarmed citizen....the other choice as they said is find another place. btw, i'm in a desperate apt search now(basically anything under 1000/month for a single) within 40 mins of ellicott city and haven't even thought about the guns thing...sooo thanx for bringing it up. one more thing i can look for to find a place right 4 me. and welcome

 

[gamer_jim]

It might be worth a call to a lawyer and ask them. Even if you had to pay $50 for 15 minutes to a lawyer it would be worth it. Maybe even start with the Maryland Attorney General's office, but we already know what their bias is towards.

As Novus have said, your not breaking a law and it would take at least a month to evict you, so I would take the gun. If you are using it for home defense make sure you have proper ammo so you don't take out your neighbors by accident.

 

[R2.0]

As mentioned earlier it is private property and you do have the choice to not rent there.

Not exactly. The law has a lot to say regarding discrimination in housing and public accommodations. For instance, I am perfectly withing my rights to say "No, I'm not going to hang out with you - you're a Martian and I don't like Martians". I cannot say "No, you can't rent from me etc., etc."

Whether these protection apply to RKBA is doubtful, but they should.