Private property and gun rights

[Spinner]

Asking on behalf of someone else.

If a person owns a mobile home, located in a park where rent is only paid on the land, does the land owner have a right, under Indiana state law, to:
1. Require owner/occupant of mobile home to sign agreement that there will be no guns inside the home; and
2. Require owner/occupant to sign agreement that landowner may enter inside the home of owner/occupant.

I hope these two things are not supported by Indiana state law, but would like to know if anyone here can direct me to the statutes that address these questions.

Thanks!

 

[djl02]

?

 

[lumpy39us]

I think the key is in the wording of the lease, if its in there you have signed those rights.
Not sure of the state laws but if they are trying to include it in the lease agreement, that is their loophole.
When you rent, the lease is the document that establishes property rights. Ownership of property does nothing, he rents you the property, therefore it is yours to do what you want with regards to posted policies and tenant agreements.
Just my take, 2 cents

 

[Shadowbeach]

.

 

[hoosiertriangle]

The landlord can have access if the tenant agrees to this in the lease. If the lease doesn't spell out this right for the landlord, then the common law concepts of landlord/tenant law would govern which would mean the landlord does not have any rights on the property that he has leased unless the tenant breaks the lease or the lease ends.

Contracts (of which leases belong) are very powerful and can do amazing things to the unweary. People need to be careful what they do with their freewill and choices. The law doesn't assume that everybody is an idiot who needs protecting, it assumes that people are generally rational so that they will be incentivized to act rationally and penalized for acting irrationally.

If the person owns the mobile home, I don't see how the landlord could rightfully have access to it, regardless of who owns the land.

 

[singlestacksig]

It probably has never been tested in court, at least in Indiana.. I do know that there are some things that can not be signed away in contracts.. Min wage for example..

 

[hoosiertriangle]

Some thing yes, like minimum wage, body parts, children, illegal activities, etc. Most all of those exceptions are carved out by statute, not by the common law of the court. But good point, none-the-less on the exceptions.

It probably has never been tested in court, at least in Indiana.. I do know that there are some things that can not be signed away in contracts.. Min wage for example..

 

[rambone]

There's always the chance that your landlord is a reasonable person. Ask to have your lease agreement modified.

Meet the landlord, express your concerns, show him you are a responsible person, show him your license to carry, and ask if that clause can be adjusted or removed.

If they refuse, then you could just tell them that you will go elsewhere. Mobile Home Parks are a dime a dozen.

Once you sign it, you are obligated to follow it. It really is the same situation for renting an apartment.

 

[hoosiertriangle]

Excellent suggestion and hopefully it would work out. There are other options as well. The tenant could suggest that if something couldn't be worked out, several letters to the editor, a call to a local news organization, etc. would be in the landlords future and bad publicity isn't fun.

Another option would be to use the contents of the lease and/or common law tenant/landlord law against them. Maybe its rowdy neighbors, or neighbors breaking the law of which the landlord knows about. Maybe its something your landlord has done. When you have to negotiate, use everything in the arsenal. Check zoning laws to make sure that is appropriate etc.

There's always the chance that your landlord is a reasonable person. Ask to have your lease agreement modified.

Meet the landlord, express your concerns, show him you are a responsible person, show him your license to carry, and ask if that clause can be adjusted or removed.

If they refuse, then you could just tell them that you will go elsewhere. Mobile Home Parks are a dime a dozen.

Once you sign it, you are obligated to follow it. It really is the same situation for renting an apartment.