i am living in a rental house with a few friends and my house is considered outside of city limits, however our landlord wants us to follow city rules, they also say that we cannot have firearms on the premisis. My question is can they take away that right? The house is owned by Purdue Research Foundation if that gives any help in answering my question.
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Prior to your both accepting the terms of the rental agreement you may either one pretty much accept or decline about any thing you want to write down and sign.
If it's in the contract and you agreed to it, what is hard to understand about "a deal is a deal" (except to a wormy weasel). If it's not in the contract and you didn't agree to it then I doubt he can make you until the lease is up.
If you have no written contract then your deal isn't worth the paper it's not written on. He can do what ever he wants and you can move out or do it.
If it's in the contract and you agreed to it, what is hard to understand about "a deal is a deal" (except to a wormy weasel). If it's not in the contract and you didn't agree to it then I doubt he can make you until the lease is up.
If you have no written contract then your deal isn't worth the paper it's not written on. He can do what ever he wants and you can move out or do it.
singlestacksig
Master
indiana law ;
IC 32-31-7-5
Tenant obligations
Sec. 5. A tenant shall do the following:
(1) Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes.
(2) Keep the areas of the rental premises occupied or used by the tenant reasonably clean.
(3) Use the following in a reasonable manner:
(A) Electrical systems.
(B) Plumbing.
(C) Sanitary systems.
(D) Heating, ventilating, and air conditioning systems.
(E) Elevators, if provided.
(F) Facilities and appliances of the rental premises.
(4) Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises.
(5) Comply with all reasonable rules and regulations in
existence at the time a rental agreement is entered into. A tenant shall also comply with amended rules and regulations as provided in the rental agreement.
(6) Ensure that each smoke detector installed in the tenant's rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit's electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall provide notice to the landlord under IC 22-11-18-3.5(e)(2).
This section may not be construed to limit a landlord's obligations under this chapter or IC 32-31-8.
As added by P.L.92-2002, SEC.1. Amended by P.L.17-2008, SEC.5.
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one could say that in light of Heller, that the firearm ban is not reasonable...
thus it is not allowed by indiana law..
but you would have to break the rule & go to court to fight it...
IC 32-31-7-5
Tenant obligations
Sec. 5. A tenant shall do the following:
(1) Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes.
(2) Keep the areas of the rental premises occupied or used by the tenant reasonably clean.
(3) Use the following in a reasonable manner:
(A) Electrical systems.
(B) Plumbing.
(C) Sanitary systems.
(D) Heating, ventilating, and air conditioning systems.
(E) Elevators, if provided.
(F) Facilities and appliances of the rental premises.
(4) Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises.
(5) Comply with all reasonable rules and regulations in
existence at the time a rental agreement is entered into. A tenant shall also comply with amended rules and regulations as provided in the rental agreement.
(6) Ensure that each smoke detector installed in the tenant's rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit's electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall provide notice to the landlord under IC 22-11-18-3.5(e)(2).
This section may not be construed to limit a landlord's obligations under this chapter or IC 32-31-8.
As added by P.L.92-2002, SEC.1. Amended by P.L.17-2008, SEC.5.
..
one could say that in light of Heller, that the firearm ban is not reasonable...
thus it is not allowed by indiana law..
but you would have to break the rule & go to court to fight it...
hookedonjeep
Expert
So, you want to disarm yourself over language in a contract that may or may not have a legal leg to stand on? I live in a rental, and IMHO if my landlord told me that I had to surrender my guns - when I have done nothing illegal or immoral - just because of his own prejudice against "evil" guns - I would tell him to pound sand! I have rights - and not just the ones that crooked politicians tell me I can have - I am talking about my God-given rights to life, liberty, and the pursuit of happiness......rights that he cannot dictate to me. And if he wants to give me the boot - fine. I will sue his arse into the stone age!
I wish you the best of luck, brother. Again - IMHO, if you have committed no crime, and you are legally able to purchase, own, and shoot - then I see nothing that he can do to you. And, if all else fails......... concealed MEANS concealed!
I wish you the best of luck, brother. Again - IMHO, if you have committed no crime, and you are legally able to purchase, own, and shoot - then I see nothing that he can do to you. And, if all else fails......... concealed MEANS concealed!
I am a landlord, and a gun owner and a believer in freedom.
First off - what does your lease agreement say? If you agreed to it, then the right thing to do is to live up to your agreement, no?
Who the landlord is, is immaterial - EXCEPT that an organization (as opposed to a person) is less likely to change their mind if you talk to them about your concerns. Normally I would suggest that you discuss it with them - and if you are a solid renter that is great to them in every other respect, most often they will try to accommodate your desires - they are business people, and a good renter means money in the bank to them. Given who they are, I would venture to say that they are less likely to change their position than a "mom and pop" operation like mine.
It all boils down to the lease agreement. If it's in there, then no you can't. To be fair about it, they didn't TAKE that right from you - YOU entered into an agreement that GAVE it away...
If you don't like the agreement, then I would suggest finding another landlord when the lease term is up - and find lease terms that are more to your liking. I know that I for one have ZERO problems with a tenant that's a responsible gun owner. And no I don't ask, either. Don't figure it's any of my business. But I know from talking and observing that some are gun owners.
First off - what does your lease agreement say? If you agreed to it, then the right thing to do is to live up to your agreement, no?
Who the landlord is, is immaterial - EXCEPT that an organization (as opposed to a person) is less likely to change their mind if you talk to them about your concerns. Normally I would suggest that you discuss it with them - and if you are a solid renter that is great to them in every other respect, most often they will try to accommodate your desires - they are business people, and a good renter means money in the bank to them. Given who they are, I would venture to say that they are less likely to change their position than a "mom and pop" operation like mine.
It all boils down to the lease agreement. If it's in there, then no you can't. To be fair about it, they didn't TAKE that right from you - YOU entered into an agreement that GAVE it away...
If you don't like the agreement, then I would suggest finding another landlord when the lease term is up - and find lease terms that are more to your liking. I know that I for one have ZERO problems with a tenant that's a responsible gun owner. And no I don't ask, either. Don't figure it's any of my business. But I know from talking and observing that some are gun owners.
headhunter
Plinker
This is one of the first things I look for in rental agreements when apartment hunting. If there's a "no guns/weapons" line, I ask about the enforcement of it and then decide based on the answer.
In one previous apartment, I was asked by the landlord to "try to be discrete". As it turned out, a couple of the neighbors were the panicky types that called the police for anything out of the ordinary. I never had an issue, but always tried to be discrete in the hauling of firearms.
My current apartment's agreement was missing the 2nd page when it was brought to be signed. Since the agreement had to be signed on each page, and I never saw that second page, I have no idea what's on it. I'm also not bound by anything that's on it.
In one previous apartment, I was asked by the landlord to "try to be discrete". As it turned out, a couple of the neighbors were the panicky types that called the police for anything out of the ordinary. I never had an issue, but always tried to be discrete in the hauling of firearms.
My current apartment's agreement was missing the 2nd page when it was brought to be signed. Since the agreement had to be signed on each page, and I never saw that second page, I have no idea what's on it. I'm also not bound by anything that's on it.
