July 22, 2025 • 35 mins
As landlords, navigating sensitive topics like firearms in rental properties can feel overwhelming. In this episode of the Your Landlord Resource Podcast, Kevin and I tackle the complex issue of whether landlords can legally restrict tenants from having guns on their rental property.
We break down state-specific laws, highlight Supreme Court cases like Heller and McDonald, and share real landlord liability case examples. Whether you manage single-family homes or multifamily buildings, it’s crucial to understand how your lease language, state laws, and liability insurance all play a role in your decision.
We also talk through practical lease clause options—from restricting weapons in common areas to setting storage requirements inside units. Plus, we share feedback from real tenants (hello Reddit thread!) on how they feel about gun restrictions in rentals.
If you’ve ever wondered how to balance tenant rights, safety, and your own liability, this episode is for you.
✅ What You’ll Learn in This Episode:
- Which states allow or restrict landlords from banning firearms
- How federal cases, like Heller and McDonald, influence tenant gun rights
- The pros and cons of restricting guns in your rentals
- Example lease clause language you can use
- Real-world landlord liability risks (and how to protect yourself)
🔗 Links & Resources Mentioned
Sign up for our Bi-Weekly Newsletter
Learn more about EZ Landlord Forms and Turbo Tenant
Connect with Us:
🌎 Visit our website
📧 Subscribe to our newsletter.
👆Click HERE for our FREE Landlord Forms and Doc’s
🤳Text Us: 650-489-4447. We love questions and love letters!
📩Email us at: Stacie@YourLandlordResource.com, Kevin@YourLandlordResource.com
➡️ Review the Podcast on Apple or on Spotify or YouTube
✔️Course Waitlist: From Marketing to Move In, Place Your Ideal Tenant
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Stacie (00:00):
You cannot, as a landlord, inspect someone's unit
(00:03):
looking for weapons, and youcannot demand that they open a
safe to see if there are guns inthere.
All you can do is make sure thatyou have a lease clause that is
clearly written and consistentlyapplied.
This means that if you doprohibit firearms and you find
or are given evidence that a gunis in fact in your unit, then
(00:25):
you are prepared to enforce thelease violation through
eviction.
Or if you do allow them, andit's reported to you, that the
tenant is always walking aroundwith their gun out in the open,
you have to move forward with aneviction.
If a landlord is aware of atenant's erratic behavior that
might pose a safety risk, theyhave the responsibility to
(00:46):
address a situation.
Potentially includingrestrictions on firearms if
they're allowed to on theproperty, but you need to be
prepared to evict.
Welcome to Your LandlordResource podcast.
Many moons ago when I started asa landlord, I was as green as it
gets.
(01:07):
I may have had my real estatelicense, but I lack confidence
and the hands-on experienceneeded when it came to dealing
with tenants, leases,maintenance, and bookkeeping
after many failed attempts.
Fast forward to today, Kevin andI have doubled our doors and
created an organized.
Professionally operated rentalproperty business.
Want to go from overwhelm toconfident if you're an ambitious
(01:29):
landlord or maybe one in themaking.
Join us as we provide strategiesand teach actionable steps to
help you reach your goals andthe lifestyle you desire.
All well building is streamlinedand profitable rental property
business.
This is Your Landlord ResourcePodcast.
Hello, hello landlords and welcome to the Your Landlord
(01:51):
Resource Podcast.
I'm your host, Stacie Casella,and I'm here with Kevin Kilroy,
who is my co-host and happens toalso be my husband.
Kevin (02:01):
Hey there landlords.
Thanks so much for tuning in.
Stacie (02:05):
So we have been talking on here a lot about leases and
addendums and all the clausesand conditions and whatever you
wanna call the sections andwording that makes up your
lease.
And we posted an article aboutthis subject in our newsletter
several months ago and actuallygot some, we will say opinions,
(02:25):
about whether a landlord canlegally tell a tenant they are
not allowed to have a gun whileliving in their rental property.
Shameless plug.
We have a biweekly newsletterwhere we email landlords
interesting articles aboutsubjects that we think you may
need to know more about or payattention to.
(02:45):
We also have a letter includedin that newsletter where we
discuss what we've been up to.
Some of it's personal, mostlythings that have come up that we
had to deal with at our rentals.
And that's where I dropped sometips and tricks on how we do
things.
There's a link to this podcastas well as links to our own
blogs that we've written.
(03:06):
If you're interested in signingup for that, you can go to your
landlord resource.com/subscribeor the link is in our podcast
show notes as well.
Let's get back to today'ssubject about whether you can
legally restrict firearms inyour rental property.
Kevin (03:24):
I think the first thing we want to clarify is that this
is not about us being pro oranti-gun.
This is about risk management,liability and landlord rights.
Now, I didn't grow up with guns.
No one in my family owned them.
But Stacie on the other hand,grew up around a lot of hunters,
(03:45):
her grandfather, father, and herbrother.
Also her late husband would huntwith his dad and now kid two and
even her nephews on both sidesof the family all hunt, mostly
waterfowl.
Kids one and three have shotguns, but are not avid hunters
as their brother is.
(04:06):
And the first time I ever shot agun was when Stacie and I took
Kid two to a sporting clayscourse.
Stacie (04:14):
Yeah.
And the funny thing is he kickedbutt there.
I mean, he hit a lot more claysthan I did.
Kevin (04:20):
Well that was definitely beginning's luck for sure.
The point is the youngergeneration in her family hunt
and they own rifles.
If they live in a rental, canyou as a landlord, tell them
they're not allowed to have thatrifle on your property?
Now, today we are not gonna tellyou yes or no.
(04:42):
What we are gonna do is, as wehope we do with all of our
episodes, is provide you withinformation so you are able to
make a decision on how you'dlike to handle it, should this
issue arise for you?
Because every single landlordand their rental may have a
different take on this.
It may depend on the size ofyour rental.
(05:04):
Do you own single family homerentals, or do you own
multi-family sized rentals?
Where are the rentals locatedbecause that could contribute to
how you make your decision aswell.
Bottom line, we are here to helplandlords make an informed,
lawful and practical decisionabout gun policies in their
(05:25):
lease agreements.
Stacie (05:27):
Okay, so let's take a minute to talk about landlord
rights versus tenant rights.
Tenants have rights under thesecond amendment to bear arms,
which means the government saysthat they can have a gun should
they so choose.
But as private property owners,landlords generally have the
right to regulate activitieswithin their properties,
(05:50):
including gun possession.
Now I will say that there hasbeen some quote unquote
discussion, and thesediscussions are not official
legal counsel's talking.
These are everyday people likeyou and I who feel that because
the second amendment allows themthe right to bear arms that any
(06:11):
landlord who goes against thatis discriminating.
So, the Fair Housing Act doesnot protect gun rights, meaning
landlords are essentiallyallowed to discriminate,
"discriminate" against theirrental applicants based on their
possession of firearms.
Many states have notspecifically addressed the issue
(06:33):
of gun control in rentalproperties, which gives
landlords more leeway to includesuch clauses.
But there are four states thathave addressed this specifically
at a state level.
In Minnesota, landlords cannotrestrict lawful possession, and
I assume this means that theyhave laws about licensing and
(06:54):
permits to own guns, and inorder to fall into the protected
category the possession must bein accordance to their law.
In Virginia, landlords cannotrestrict gun possession, but
this applies to public housingonly.
And specifically Virginia lawprohibits public housing
(07:14):
agreements from restrictinglawful gun possession in
individual units unless it'srequired by federal law.
We assume this means privatelandlords generally can prevent
tenants from possessing firearmswithin their apartments or
homes.
The Virginia law only applies topublic housing.
(07:34):
Tennessee landlords can prohibittenants from possessing firearms
in their rental properties, butthis must be explicitly stated
in the lease agreement.
If the lease does not includesuch a clause, then the landlord
cannot generally restrict gunownership by the tenant.
And you guys, for the most part,for all states, we are talking
(07:58):
about the specific confines ofthe unit.
Common spaces like walkways,hallways, stairs, yards, et
cetera, can and generally dohave a gun restriction in place.
Because think about if you havea duplex property or something
with more units in it, or ifyour rental is a condo and a
(08:19):
complex with many other units.
Tenants can't be hanging outwith their gun while watching
their kids play in the yard orwhile getting fresh air while
sitting on the stoop.
Now in Wisconsin, the law is onthe side of the landlord saying
they absolutely have the rightto prohibit guns in their rental
property.
Okay?
No big deal.
(08:40):
However, in Wisconsin, tenantsare allowed to keep their guns
in their car that is parked inthe private property parking lot
or driveway, whatever of thatrental property.
So the big legal question thatseems to come up in Wisconsin is
are they violating the law whenthey walk in the property common
(09:01):
space with their gun to take itto their car?
You know, there's a wholedocument on Wisconsin's carrying
concealed weapon law.
That's a CCW law.
We'll link it in the show notesif anybody is needing to know
more about Wisconsin so they cancheck it out.
You know, it's not a new law byany means, but this document has
several different scenarios thatit just makes the law confusing
(09:24):
to follow.
So that's where I'm gonna leaveit.
Kevin (09:27):
Yeah, it's kind of complex and situational in
Wisconsin, and it seems thestate has a highly complex maze
of where a weapon can and can'tbe possessed.
So for the most part, other thanthose four states, Minnesota,
Tennessee, Virginia, andWisconsin, for the most part,
all other states are generallysilent on what landlords can and
(09:51):
cannot restrict, which giveslandlords a wide latitude.
Specifically California,Arizona, Colorado, Oregon, Utah,
and Washington are six statesthat have not enacted any laws
one way or the other, on whetherlandlords can or cannot restrict
possession of firearms in theirrentals.
(10:14):
Other states may have laws thataddress the private property
aspect, not addressing landlordtenants or rentals specifically.
If anything, laws that are inplace have to do with land owned
by a government entity, like astate agency or public housing,
or if a landlord receives publicfunding for rental assistance on
(10:36):
their property.
Now, in that case, for the mostpart, the second amendment is
unlikely to apply, except ofcourse in Virginia where they do
allow firearms in publichousing.
Now there have been SupremeCourt cases that leave legal
gray areas and federal precedentwhen it comes to the second and
the 14th amendments.
(10:58):
There was an article recentlypublished by the Rental Housing
Journal where Denny Dobbins,general Legal Counsel and Vice
President of Crimshield and RentPerfect was interviewed, and he
had this to say.
"There have been a lot ofdebates over time as to what the
Second Amendment means becauseit has a phrase in it regarding
(11:19):
militias, and it also talksabout the people's right as
opposed to the person's right.
There's been this idea that theability or right to bear arms is
not a personal right, ratherthat it is a right of the people
for a prepared militia.
This issue came up in a case inthe Supreme Court in 2008.
(11:40):
It's called the Heller case.
It dealt with individual rightsto possess weapons.
The Heller case made it veryclear that there is an
individual right to possessweapons as opposed to just the
right of the people for thepurposes of maintaining a
militia.
Heller goes on to say that thegovernment can impose some
(12:03):
possession restrictions, such aswhen dealing with felons or the
mentally ill.
Such people have no personalrights because those rights are
stripped for the mentally illand felons.
But there still remains aquestion after Heller, which
was, well, that's great, butwhat about the states?
(12:23):
How does the federal law impactstate laws on the subject?" Now
Dobbins continued with,"in 2010,the McDonald case went before
the Supreme Court and that dealtwith the 14th Amendment, which
forbid states from passing rulesto the contrary of federal law.
(12:43):
There were basically fourelements in McDonald that they
dealt with.
Whether there could be a stateprohibition against handgun
ownership.
Whether a state could force anannual gun registration, and
impose a fee for annualregistration.
Whether it could be requiredthat guns be registered prior to
(13:04):
acquisition.
And finally, whether a gun couldbe forever unable to be
registered if the registrationlapsed.""Those state laws were
all struck down in the McDonaldcase." He closes with,"basically
the opinion stated that the 14thamendment applies as to the
(13:24):
individual right to possessguns, and that states cannot
pass laws that infringe uponthat federal constitutional
right." Okay, so what does thisall mean for us Landlords?
Private landlords who do notallow tenants living in their
property to possess firearmscould be challenged by those
(13:45):
tenants for violating theirsecond and 14th amendment
rights.
Those cases, the Heller and theMcDonald cases, make possessing
a weapon a right.
Now, does that mean that tenantsor people in general who own
guns are a protected class?
It definitely could be fought incourt that they are.
Stacie (14:05):
Now those cases did not directly address landlord and
tenant circumstances orpositions, but the courts, if
tenants challenged landlords onit, could eventually apply these
rights to tenant living spaces.
And I think what you wanna askyourself as a landlord is, do
you wanna be that test case?
(14:28):
Find yourself in a costly courtbattle fighting for your right
to forbid that firearmpossession over the right of the
tenant to have it?
Probably not.
So let's talk about theliability and the insurance
risks of allowing firearms onyour property.
Or not specifically disallowingthem is what I should say.
(14:49):
If your tenant has a gun andhurts someone on your property,
that injured party can sue youas the property owner.
Much like aggressive dogs.
You allow that dog, or in thiscase, the gun to live there and
someone gets hurt because youallowed it, you may be liable.
Think about this.
(15:09):
If someone is cleaning their gunand the gun accidentally goes
off and that bullet shoots atenant next door, sitting on
their couch watching tv.
Let's say shoots'em in theirleg, no need to kill people in
this example.
If that person is out of workfor a prolonged period of time
or doesn't have health insuranceto cover the massive medical
(15:29):
bills.
Because they had to take anambulance and then have surgery
and then spent three days in thehospital.
And if the tenant who owns a gunhas minimal renter's insurance,
that doesn't scratch the surfaceof paying what that other
injured tenant needs.
Who do you think they're gonnago after to get the rest of
their money?
You, because you allowed thatneighboring tenant to possess
(15:52):
the gun and reduce the safety ofthe injured tenant.
Now, here's a counter example tothat potential case.
What if you prohibit guns frombeing on your rental property?
And your tenant's family is athome and a bad guy comes along
and forces their way into therental, killing everyone but the
(16:13):
tenant who happened to be atwork.
Kevin (16:15):
Okay?
So you didn't wanna kill off theneighbor just shot him in the
leg.
But here you wipe out an entirefamily?
Man!
Stacie (16:24):
I need drama to make my point.
Kevin (16:26):
Okay.
Stacie (16:27):
Okay.
All right, you guys.
It's a tragic, tragic situation.
Sorry, I'm not laughing at that.
I shouldn't laugh at that.
It's a tragic situation and thattenant wants something for their
loss, so they decide to sue youbecause you quote unquote denied
their family to have properprotection in their unit, which
could have saved their lives.
(16:49):
Now, I know that's an extremeexample, but all it takes is for
someone to fear their life andnot be able to protect
themselves because your leasesaid they could not possess a
firearm.
Kevin (17:02):
There actually are a couple cases which aren't
exactly the same, but brings thepoint of the owner or
management's responsibility forall tenant safety.
There was a case many years ago,Lozano versus AWI property
management.
And the long and short of itwas, there was a multifamily
(17:22):
property where for severalmonths, one tenant complained to
management about the emotionalinstability of another tenant
and said that they did not feelsafe because the other tenant
would yell at them at one point,held a stick in a swinging
position, making them feelthreatened.
After some time there ended upbeing a shootout between the two
(17:43):
where someone died and theothers were injured.
Management took the positionthat the animosity was between
the two tenants, and becausethey had not witnessed the
events, they felt it was a civilmatter, not a matter for them to
decide who was right or wrong inthis scenario.
The plaintiff, or injuredtenant, felt because management
(18:05):
had failed to take preventativemeasures, such as evicting the
other tenant, threatening toevict him, investigating his
behavior further, or contactingauthorities that the management
company was liable for thewrongful death of their family
member and the personal injurysustained.
In the end, it was ruled that anapartment manager has a duty to
(18:28):
evict a tenant only in caseswhere his behavior made violence
toward neighbors highlyforeseeable.
The court held that none of thedefendant tenants reported
conduct before the shooting,such as yelling at the
plaintiffs while holding a stickin a ready to swing position,
supported the required level offoreseeability.
(18:49):
The court of appeal also agreedwith the argument that
management was not obligated toundertake less burdensome
measures because there was noevidence that any of the
measures the plaintiffs proposedwould have prevented the violent
conduct.
If that manager knew the angrytenant possessed a gun, and had
(19:10):
that angry tenant been holding agun and threatening the other
tenant before this happened,then yes, they would've been
able to evict, and yes, theplaintiff would've had a case.
The next case, Thompson versusTuggle.
In their lease, the landlordexpressly gave the tenant of a
single family rental right tosole possession of the premises.
(19:35):
Prohibited any member of thehousehold from engaging in any
illegal activity on or near thepremises and prohibited the
unlawful discharge orunauthorized possession of
firearms.
Unfortunately the tenant minorchild accidentally discharged a
loaded gun killing a visitor.
The tenant and the landlord weresued for damages.
(19:58):
But the court indicated thatbecause there was a landlord
tenant relationship where thelandlord had no control over the
property, the landlord was foundnot liable.
In both cases it was found thelandlord or the property
management team were not liable.
But I'm sure you can see thatthere is really no clear black
(20:20):
and white or right or wrong wayto look at whether landlords
should or should not allowfirearms in their units.
Stacie (20:28):
So what this does mean though, as we have said many,
many times, that you need tomake sure your lease is solid.
You need to release yourself ofliability where you can,
especially when it comes tofirearms.
Because you cannot, as alandlord, inspect someone's unit
(20:48):
looking for weapons, and youcannot demand that they open a
safe to see if there are guns inthere.
All you can do is make sure thatyou have a lease clause that is
clearly written and consistentlyapplied.
This means that if you doprohibit firearms and you find
or are given evidence that a gunis in fact in your unit, then
(21:10):
you are prepared to enforce thelease violation through
eviction.
Or if you do allow them, andit's reported to you, that the
tenant is always walking aroundwith their gun out in the open,
you have to move forward with aneviction.
If a landlord is aware of atenant's erratic behavior that
might pose a safety risk, theyhave the responsibility to
(21:31):
address a situation.
Potentially includingrestrictions on firearms if
they're allowed to on theproperty, but you need to be
prepared to evict.
My take on it, and this is myopinion, you are all entitled to
your own thoughts and concerns,is that landlords who own
private property rentals shouldfocus more on the safety side of
(21:53):
owning firearms than forbiddingit all together.
Do everything you can to makesure that tenants are not
sitting around outside cleaningtheir rifle with kids running
around.
Maybe require that all firearmsand related paraphernalia is
kept in a locked gun safe unlessremoving it from the property.
If you own a multifamilyproperty, consider putting up
(22:15):
signs restricting brandishingand showing firearms or weapons
of any matter in your commonareas.
And of course, you wanna includeverbiage in your lease that
protects you should any harmcome to others.
Here's some clauses that wefound that others have used that
might give you some insight onwhat to include in your lease.
(22:37):
And again, we are not lawyers,we are not legal or law
professionals, and we advise youto seek advice from your legal
counsel to determine if theverbiage in your lease will
protect you properly.
Okay, one person stated thattheir lease read: if you have
any firearms, you must keep yourweapons inside your unit at all
(22:59):
times and out of view of openwindows and doors, absent
legitimate self-defense or thedefense of others.
Another landlord stated thattheir lease read.
If you openly bring a firearmonto the common areas, you will
be evicted.
You must keep your weapon toyourself, safely tucked away in
(23:19):
the private confines of yourapartment unit or home, and not
visible to other tenants,neighbors or staff.
And this is one that DennyDobson stated in the article
that was very detailed.
He said, I have a section calledWeapons for the Lease, and it
says.
Weapons of any kind, includingbut not limited to: dart guns,
(23:44):
air guns, BB guns, slingshots,handguns, rifles, or any
mechanism that could be used topropel an object that could
cause harm to a person orproperty are not allowed in the
common areas, are not allowed inthe office, are not allowed
anywhere on the premise outsideof the actual unit.
(24:05):
And are not allowed to bedisplayed, shown, exposed,
demonstrated, or exhibitedanywhere in the community
premises except in case ofself-defense or the need for
imminent and immediateprotection of resident life or
property, or for self-defense,or immediate and imminent
(24:25):
protection of resident,residents occupants, guests,
invitees life or property.
It goes on to say, if a residentdesires to possess a legal
weapon in residence unit, inthat case, the resident must
safely and inconspicuously carrysaid legal weapon to and from
(24:46):
the resident's unit in a mannerthat resident ensures other
residents and staff do not seesaid weapon.
Illegal weapons are neverallowed visibly on the property
outside of the unit.
If resident or residentsoccupants do possess a legal
weapon in the unit, residentshall be responsible, for the
proper and safe possession,handling, and storage of said
(25:09):
weapon.
Landlord is not and shall not beresponsible in any way to
resident, occupants, guests orinvitees for any accidental,
negligent, or intentional actinvolving a weapon or discharge
thereof on near or off theproperty.
Holy moly, that was long.
Kevin (25:30):
Wow.
That was a good one though.
And I think that last sentenceis the key part.
And like we said earlier, youmust release yourself from
liability and responsibilityshould you allow guns in your
rental property.
Long yeah, but very detailed.
Stacie (25:48):
Yeah.
It covers a lot of ground and itdoesn't take away tenant's
rights, yet to make sure thattenants understand and in the
common areas especially, if theybrandish or show a weapon that
they're gonna be evicted.
It's so detailed and clear onwho responsibility falls on and
the consequences should thetenant violate that clause in
(26:09):
their lease.
And, and that's the bottom line.
Your lease, regardless of theclause, needs to clearly state
who is liable and what theexpectations are.
And again, as we have mentionedmany times, and actually just
experience with kid two settingup his first rental property.
Is that EZ Landlord Forms makescreating state specific leases
(26:31):
super easy.
Now, I'm not gonna mislead youhere.
They give you the basics.
It's up to you to add clausesand use their addendums to
really make your lease complete.
As for if they cover firearms intheir lease, they touch on it.
Essentially, under the addendumfor criminal activity, they say
something along the lines of ifa firearm is discharged
(26:54):
illegally, that that would begrounds for eviction.
And I did add a line thatillegal firearms and related
paraphernalia are not allowed onthe premises.
But their leases give you agreat start and the groundwork
to cover yourself if you havenothing else to use.
Well we'll link'em in the shownotes if you'd like to learn
more.
Kevin (27:14):
Yeah well, at the end of the day, your lease needs to
reflect what you're comfortablewith, what's legal, what's
realistic to enforce, and whataligns with how you wanna run
your property.
And if I'm correct, kid's twolease was what, around 80 pages.
Stacie (27:32):
Yeah, I, I use most, all of the addendums that were
available and it came out to 79pages.
You know, which is a lot, butman, when you're working to
cover yourself and your asset,it, it just, it was necessary.
Kevin (27:45):
Yeah.
Right.
But all of that was available onEZ landlords, right?
Stacie (27:50):
Yeah, like I said, they give you the foundation and then
I use some language from ourleases to fill in the areas that
I felt needed more clarity.
And if you sign up for a proaccount, you're not only gonna
get the leases, but they alsohave rent collection as well,
which is kind of a good point.
Now, kid two preferred TurboTenant for the overall
(28:12):
electronic management of hisrental.
He was able to upload thecompleted EZ Landlord lease to
his profile on Turbo Tenant, andthen he used their free
electronic signature feature andwas able to collect money owed
for the prorated rent fees andthe security deposit.
And once they sent over theirrenter's insurance information,
(28:33):
that was uploaded as well.
So everything about that unit isin one spot for both kid two and
the tenants to access from theirportal.
He paid a little bit more, buthe gets now he gets everything
that he needs between those twoapps.
Again, we'll link EZ LandlordForms and Turbo Tenant in the
show notes.
And also if you belong to alocal real estate association,
(28:56):
often they have state specificleases that you can access as
part of their benefits.
So use any resources that areavailable to you.
Kevin (29:05):
I wanna reiterate, as Stacie mentioned, consult with
an attorney to check over yourlease.
Or have them write it if you donot have one that is already
written by a legal team that isfamiliar with your properety's
local and state landlord tenantlaws.
Another thing is you should alsocheck with your insurance broker
on coverage specifics becausesome policies do not cover
(29:28):
certain liability, like shouldyou allow firearms to be kept in
the unit.
And as you have heard from us abunch of times, renter's
insurance is a must.
And see if that tenant's policycan include coverage for the
storage and use of that weapon.
Do anything and everything youcan to remove the responsibility
from yourself and place it onthe tenant.
(29:52):
I want to quickly talk aboutwhat tenants feel about whether
they should be allowed to havefirearms in the unit they're
renting or not.
When we were researchinginformation for this episode,
Stacie came across a Redditthread where tenants were
discussing the subject.
And it was interesting to seehow they feel about being told
no guns.
(30:13):
I mean, many flat out said theyjust ignored the no guns clause.
Others asked if they could getthe clause removed or amended
before signing the lease.
There was a long portion of thethread about their
constitutional rights, so don'tthink for a minute that a tenant
won't challenge or flat outignore your clause stating guns
(30:34):
and firearms are prohibited.
This one comment wasinteresting.
It read, private property ownerscan enforce their preference as
they own the land.
In all but two states there is alegal precedent for it.
Don't bitch and moan about it,just straight up don't give them
your business.
I don't understand the wholegoal of being subversive and
(30:56):
sneaky.
Why would you want to give thatperson your money and live in a
place that's known for not beingarmed?
Now that was just a summary ofthe hundreds of comments on that
thread.
And if you think that guns arenot an important issue in rental
properties, you better thinkagain.
Just remember, enforceabilityonly matters if you're ready to
(31:18):
follow through.
Stacie (31:19):
Yep, exactly.
Whatever your choice, make surethat it's in writing and cannot
be misunderstood.
Have something in your lease onthe subject and make it crystal
clear.
Now let me do a quick recap ofthis episode.
Bottom line, yes, in most cases,landlords can restrict firearms.
But it is a complicated mix oflegality, practicality, and
(31:42):
liability.
Based on your property type,location, and tenant base, think
about what works best when itcomes to allowing or prohibiting
guns and firearms in your unit.
For multifamily, we recommendstrict common area rules and
maybe use signage to reinforcethose rules.
For single family homes,consider more tenant autonomy.
(32:06):
If you prohibit guns from yourrental property be prepared for
a tenant to fight for theirsecond and 14th amendment
rights.
If you allow guns, make sureyour lease is abundantly clear
that you do not holdresponsibility or liability
should an issue arise from thatauthorized firearm.
Consult legal counsel who isclear on landlord tenant laws on
(32:28):
the local and state level ofyour rental property, should you
have questions about your rightsas a rental property owner and
what they would advise you todo.
And do not forget to documenteverything.
Guns or no guns, any complaint,any report of a violation, and
all correspondence with tenantsand authorities.
(32:48):
You wanna make sure youdocument, document, document.
And check with your insurancecompany to make sure that they
are not also removing themselvesfrom coverage and your liability
regarding allowing firearms tobe kept in the property that
they insure.
And as Rent Perfect’s DennyDobbins also mentioned.
(33:09):
There are no easy answers towhat private landlords should do
about whether or not they allowtenants to possess legal
firearms in their own apartmentunit or home in the face of
constitutional rights, liabilityissues, insurance coverage, and
individual feelings about weaponpossession.
So all Kevin and I can say isallowing or disallowing firearms
(33:34):
in your rental property is asubject that needs deep thought
and consultation with legalprofessionals.
All right, you guys that is itfor today's podcast.
You know, we hope you got somegood information from us today.
We know that we certainlylearned a few things that we
were not aware of when we wereresearching this subject.
(33:56):
If you enjoyed our podcast,would you do us a favor and
leave us a kind review so thatother landlords will find us as
well.
If you wanna hear more, followor subscribe to the podcast so
that each week the episodes aredownloaded right to your
favorite podcast platform.
And we'd love to stay in touchwith you.
If you have a question or youwanna suggest a subject for us
(34:17):
to discuss, you can text us at 65 0 4 8 9 4 4 4 7 or email us at
stacie@yourlandlordresource.com.
That's Stacie with an IE orkevin@yourlandlordresource.com,
and we'll link all that in theshow notes as well.
Also in the show notes, you canfind links to all the downloads
(34:40):
that we offer, ways to sign upfor our free newsletter, and
links to our private Facebookgroup that's just for landlords.
Of course, the show notes alsoinclude links to our social
media accounts on Instagram,Facebook, and YouTube, where we
share very informative anddetailed tips and tricks for
landlords, so go check thoseout.
(35:01):
I think that's about it.
Thanks again for tuning in, anduntil next time, you've got this
landlords.
You cannot, as a landlord, inspect someone's unit
(00:03):
looking for weapons, and youcannot demand that they open a
safe to see if there are guns inthere.
All you can do is make sure thatyou have a lease clause that is
clearly written and consistentlyapplied.
This means that if you doprohibit firearms and you find
or are given evidence that a gunis in fact in your unit, then
(00:25):
you are prepared to enforce thelease violation through
eviction.
Or if you do allow them, andit's reported to you, that the
tenant is always walking aroundwith their gun out in the open,
you have to move forward with aneviction.
If a landlord is aware of atenant's erratic behavior that
might pose a safety risk, theyhave the responsibility to
(00:46):
address a situation.
Potentially includingrestrictions on firearms if
they're allowed to on theproperty, but you need to be
prepared to evict.
Welcome to Your LandlordResource podcast.
Many moons ago when I started asa landlord, I was as green as it
gets.
(01:07):
I may have had my real estatelicense, but I lack confidence
and the hands-on experienceneeded when it came to dealing
with tenants, leases,maintenance, and bookkeeping
after many failed attempts.
Fast forward to today, Kevin andI have doubled our doors and
created an organized.
Professionally operated rentalproperty business.
Want to go from overwhelm toconfident if you're an ambitious
(01:29):
landlord or maybe one in themaking.
Join us as we provide strategiesand teach actionable steps to
help you reach your goals andthe lifestyle you desire.
All well building is streamlinedand profitable rental property
business.
This is Your Landlord ResourcePodcast.
Hello, hello landlords and welcome to the Your Landlord
(01:51):
Resource Podcast.
I'm your host, Stacie Casella,and I'm here with Kevin Kilroy,
who is my co-host and happens toalso be my husband.
Kevin (02:01):
Hey there landlords.
Thanks so much for tuning in.
Stacie (02:05):
So we have been talking on here a lot about leases and
addendums and all the clausesand conditions and whatever you
wanna call the sections andwording that makes up your
lease.
And we posted an article aboutthis subject in our newsletter
several months ago and actuallygot some, we will say opinions,
(02:25):
about whether a landlord canlegally tell a tenant they are
not allowed to have a gun whileliving in their rental property.
Shameless plug.
We have a biweekly newsletterwhere we email landlords
interesting articles aboutsubjects that we think you may
need to know more about or payattention to.
(02:45):
We also have a letter includedin that newsletter where we
discuss what we've been up to.
Some of it's personal, mostlythings that have come up that we
had to deal with at our rentals.
And that's where I dropped sometips and tricks on how we do
things.
There's a link to this podcastas well as links to our own
blogs that we've written.
(03:06):
If you're interested in signingup for that, you can go to your
landlord resource.com/subscribeor the link is in our podcast
show notes as well.
Let's get back to today'ssubject about whether you can
legally restrict firearms inyour rental property.
Kevin (03:24):
I think the first thing we want to clarify is that this
is not about us being pro oranti-gun.
This is about risk management,liability and landlord rights.
Now, I didn't grow up with guns.
No one in my family owned them.
But Stacie on the other hand,grew up around a lot of hunters,
(03:45):
her grandfather, father, and herbrother.
Also her late husband would huntwith his dad and now kid two and
even her nephews on both sidesof the family all hunt, mostly
waterfowl.
Kids one and three have shotguns, but are not avid hunters
as their brother is.
(04:06):
And the first time I ever shot agun was when Stacie and I took
Kid two to a sporting clayscourse.
Stacie (04:14):
Yeah.
And the funny thing is he kickedbutt there.
I mean, he hit a lot more claysthan I did.
Kevin (04:20):
Well that was definitely beginning's luck for sure.
The point is the youngergeneration in her family hunt
and they own rifles.
If they live in a rental, canyou as a landlord, tell them
they're not allowed to have thatrifle on your property?
Now, today we are not gonna tellyou yes or no.
(04:42):
What we are gonna do is, as wehope we do with all of our
episodes, is provide you withinformation so you are able to
make a decision on how you'dlike to handle it, should this
issue arise for you?
Because every single landlordand their rental may have a
different take on this.
It may depend on the size ofyour rental.
(05:04):
Do you own single family homerentals, or do you own
multi-family sized rentals?
Where are the rentals locatedbecause that could contribute to
how you make your decision aswell.
Bottom line, we are here to helplandlords make an informed,
lawful and practical decisionabout gun policies in their
(05:25):
lease agreements.
Stacie (05:27):
Okay, so let's take a minute to talk about landlord
rights versus tenant rights.
Tenants have rights under thesecond amendment to bear arms,
which means the government saysthat they can have a gun should
they so choose.
But as private property owners,landlords generally have the
right to regulate activitieswithin their properties,
(05:50):
including gun possession.
Now I will say that there hasbeen some quote unquote
discussion, and thesediscussions are not official
legal counsel's talking.
These are everyday people likeyou and I who feel that because
the second amendment allows themthe right to bear arms that any
(06:11):
landlord who goes against thatis discriminating.
So, the Fair Housing Act doesnot protect gun rights, meaning
landlords are essentiallyallowed to discriminate,
"discriminate" against theirrental applicants based on their
possession of firearms.
Many states have notspecifically addressed the issue
(06:33):
of gun control in rentalproperties, which gives
landlords more leeway to includesuch clauses.
But there are four states thathave addressed this specifically
at a state level.
In Minnesota, landlords cannotrestrict lawful possession, and
I assume this means that theyhave laws about licensing and
(06:54):
permits to own guns, and inorder to fall into the protected
category the possession must bein accordance to their law.
In Virginia, landlords cannotrestrict gun possession, but
this applies to public housingonly.
And specifically Virginia lawprohibits public housing
(07:14):
agreements from restrictinglawful gun possession in
individual units unless it'srequired by federal law.
We assume this means privatelandlords generally can prevent
tenants from possessing firearmswithin their apartments or
homes.
The Virginia law only applies topublic housing.
(07:34):
Tennessee landlords can prohibittenants from possessing firearms
in their rental properties, butthis must be explicitly stated
in the lease agreement.
If the lease does not includesuch a clause, then the landlord
cannot generally restrict gunownership by the tenant.
And you guys, for the most part,for all states, we are talking
(07:58):
about the specific confines ofthe unit.
Common spaces like walkways,hallways, stairs, yards, et
cetera, can and generally dohave a gun restriction in place.
Because think about if you havea duplex property or something
with more units in it, or ifyour rental is a condo and a
(08:19):
complex with many other units.
Tenants can't be hanging outwith their gun while watching
their kids play in the yard orwhile getting fresh air while
sitting on the stoop.
Now in Wisconsin, the law is onthe side of the landlord saying
they absolutely have the rightto prohibit guns in their rental
property.
Okay?
No big deal.
(08:40):
However, in Wisconsin, tenantsare allowed to keep their guns
in their car that is parked inthe private property parking lot
or driveway, whatever of thatrental property.
So the big legal question thatseems to come up in Wisconsin is
are they violating the law whenthey walk in the property common
(09:01):
space with their gun to take itto their car?
You know, there's a wholedocument on Wisconsin's carrying
concealed weapon law.
That's a CCW law.
We'll link it in the show notesif anybody is needing to know
more about Wisconsin so they cancheck it out.
You know, it's not a new law byany means, but this document has
several different scenarios thatit just makes the law confusing
(09:24):
to follow.
So that's where I'm gonna leaveit.
Kevin (09:27):
Yeah, it's kind of complex and situational in
Wisconsin, and it seems thestate has a highly complex maze
of where a weapon can and can'tbe possessed.
So for the most part, other thanthose four states, Minnesota,
Tennessee, Virginia, andWisconsin, for the most part,
all other states are generallysilent on what landlords can and
(09:51):
cannot restrict, which giveslandlords a wide latitude.
Specifically California,Arizona, Colorado, Oregon, Utah,
and Washington are six statesthat have not enacted any laws
one way or the other, on whetherlandlords can or cannot restrict
possession of firearms in theirrentals.
(10:14):
Other states may have laws thataddress the private property
aspect, not addressing landlordtenants or rentals specifically.
If anything, laws that are inplace have to do with land owned
by a government entity, like astate agency or public housing,
or if a landlord receives publicfunding for rental assistance on
(10:36):
their property.
Now, in that case, for the mostpart, the second amendment is
unlikely to apply, except ofcourse in Virginia where they do
allow firearms in publichousing.
Now there have been SupremeCourt cases that leave legal
gray areas and federal precedentwhen it comes to the second and
the 14th amendments.
(10:58):
There was an article recentlypublished by the Rental Housing
Journal where Denny Dobbins,general Legal Counsel and Vice
President of Crimshield and RentPerfect was interviewed, and he
had this to say.
"There have been a lot ofdebates over time as to what the
Second Amendment means becauseit has a phrase in it regarding
(11:19):
militias, and it also talksabout the people's right as
opposed to the person's right.
There's been this idea that theability or right to bear arms is
not a personal right, ratherthat it is a right of the people
for a prepared militia.
This issue came up in a case inthe Supreme Court in 2008.
(11:40):
It's called the Heller case.
It dealt with individual rightsto possess weapons.
The Heller case made it veryclear that there is an
individual right to possessweapons as opposed to just the
right of the people for thepurposes of maintaining a
militia.
Heller goes on to say that thegovernment can impose some
(12:03):
possession restrictions, such aswhen dealing with felons or the
mentally ill.
Such people have no personalrights because those rights are
stripped for the mentally illand felons.
But there still remains aquestion after Heller, which
was, well, that's great, butwhat about the states?
(12:23):
How does the federal law impactstate laws on the subject?" Now
Dobbins continued with,"in 2010,the McDonald case went before
the Supreme Court and that dealtwith the 14th Amendment, which
forbid states from passing rulesto the contrary of federal law.
(12:43):
There were basically fourelements in McDonald that they
dealt with.
Whether there could be a stateprohibition against handgun
ownership.
Whether a state could force anannual gun registration, and
impose a fee for annualregistration.
Whether it could be requiredthat guns be registered prior to
(13:04):
acquisition.
And finally, whether a gun couldbe forever unable to be
registered if the registrationlapsed.""Those state laws were
all struck down in the McDonaldcase." He closes with,"basically
the opinion stated that the 14thamendment applies as to the
(13:24):
individual right to possessguns, and that states cannot
pass laws that infringe uponthat federal constitutional
right." Okay, so what does thisall mean for us Landlords?
Private landlords who do notallow tenants living in their
property to possess firearmscould be challenged by those
(13:45):
tenants for violating theirsecond and 14th amendment
rights.
Those cases, the Heller and theMcDonald cases, make possessing
a weapon a right.
Now, does that mean that tenantsor people in general who own
guns are a protected class?
It definitely could be fought incourt that they are.
Stacie (14:05):
Now those cases did not directly address landlord and
tenant circumstances orpositions, but the courts, if
tenants challenged landlords onit, could eventually apply these
rights to tenant living spaces.
And I think what you wanna askyourself as a landlord is, do
you wanna be that test case?
(14:28):
Find yourself in a costly courtbattle fighting for your right
to forbid that firearmpossession over the right of the
tenant to have it?
Probably not.
So let's talk about theliability and the insurance
risks of allowing firearms onyour property.
Or not specifically disallowingthem is what I should say.
(14:49):
If your tenant has a gun andhurts someone on your property,
that injured party can sue youas the property owner.
Much like aggressive dogs.
You allow that dog, or in thiscase, the gun to live there and
someone gets hurt because youallowed it, you may be liable.
Think about this.
(15:09):
If someone is cleaning their gunand the gun accidentally goes
off and that bullet shoots atenant next door, sitting on
their couch watching tv.
Let's say shoots'em in theirleg, no need to kill people in
this example.
If that person is out of workfor a prolonged period of time
or doesn't have health insuranceto cover the massive medical
(15:29):
bills.
Because they had to take anambulance and then have surgery
and then spent three days in thehospital.
And if the tenant who owns a gunhas minimal renter's insurance,
that doesn't scratch the surfaceof paying what that other
injured tenant needs.
Who do you think they're gonnago after to get the rest of
their money?
You, because you allowed thatneighboring tenant to possess
(15:52):
the gun and reduce the safety ofthe injured tenant.
Now, here's a counter example tothat potential case.
What if you prohibit guns frombeing on your rental property?
And your tenant's family is athome and a bad guy comes along
and forces their way into therental, killing everyone but the
(16:13):
tenant who happened to be atwork.
Kevin (16:15):
Okay?
So you didn't wanna kill off theneighbor just shot him in the
leg.
But here you wipe out an entirefamily?
Man!
Stacie (16:24):
I need drama to make my point.
Kevin (16:26):
Okay.
Stacie (16:27):
Okay.
All right, you guys.
It's a tragic, tragic situation.
Sorry, I'm not laughing at that.
I shouldn't laugh at that.
It's a tragic situation and thattenant wants something for their
loss, so they decide to sue youbecause you quote unquote denied
their family to have properprotection in their unit, which
could have saved their lives.
(16:49):
Now, I know that's an extremeexample, but all it takes is for
someone to fear their life andnot be able to protect
themselves because your leasesaid they could not possess a
firearm.
Kevin (17:02):
There actually are a couple cases which aren't
exactly the same, but brings thepoint of the owner or
management's responsibility forall tenant safety.
There was a case many years ago,Lozano versus AWI property
management.
And the long and short of itwas, there was a multifamily
(17:22):
property where for severalmonths, one tenant complained to
management about the emotionalinstability of another tenant
and said that they did not feelsafe because the other tenant
would yell at them at one point,held a stick in a swinging
position, making them feelthreatened.
After some time there ended upbeing a shootout between the two
(17:43):
where someone died and theothers were injured.
Management took the positionthat the animosity was between
the two tenants, and becausethey had not witnessed the
events, they felt it was a civilmatter, not a matter for them to
decide who was right or wrong inthis scenario.
The plaintiff, or injuredtenant, felt because management
(18:05):
had failed to take preventativemeasures, such as evicting the
other tenant, threatening toevict him, investigating his
behavior further, or contactingauthorities that the management
company was liable for thewrongful death of their family
member and the personal injurysustained.
In the end, it was ruled that anapartment manager has a duty to
(18:28):
evict a tenant only in caseswhere his behavior made violence
toward neighbors highlyforeseeable.
The court held that none of thedefendant tenants reported
conduct before the shooting,such as yelling at the
plaintiffs while holding a stickin a ready to swing position,
supported the required level offoreseeability.
(18:49):
The court of appeal also agreedwith the argument that
management was not obligated toundertake less burdensome
measures because there was noevidence that any of the
measures the plaintiffs proposedwould have prevented the violent
conduct.
If that manager knew the angrytenant possessed a gun, and had
(19:10):
that angry tenant been holding agun and threatening the other
tenant before this happened,then yes, they would've been
able to evict, and yes, theplaintiff would've had a case.
The next case, Thompson versusTuggle.
In their lease, the landlordexpressly gave the tenant of a
single family rental right tosole possession of the premises.
(19:35):
Prohibited any member of thehousehold from engaging in any
illegal activity on or near thepremises and prohibited the
unlawful discharge orunauthorized possession of
firearms.
Unfortunately the tenant minorchild accidentally discharged a
loaded gun killing a visitor.
The tenant and the landlord weresued for damages.
(19:58):
But the court indicated thatbecause there was a landlord
tenant relationship where thelandlord had no control over the
property, the landlord was foundnot liable.
In both cases it was found thelandlord or the property
management team were not liable.
But I'm sure you can see thatthere is really no clear black
(20:20):
and white or right or wrong wayto look at whether landlords
should or should not allowfirearms in their units.
Stacie (20:28):
So what this does mean though, as we have said many,
many times, that you need tomake sure your lease is solid.
You need to release yourself ofliability where you can,
especially when it comes tofirearms.
Because you cannot, as alandlord, inspect someone's unit
(20:48):
looking for weapons, and youcannot demand that they open a
safe to see if there are guns inthere.
All you can do is make sure thatyou have a lease clause that is
clearly written and consistentlyapplied.
This means that if you doprohibit firearms and you find
or are given evidence that a gunis in fact in your unit, then
(21:10):
you are prepared to enforce thelease violation through
eviction.
Or if you do allow them, andit's reported to you, that the
tenant is always walking aroundwith their gun out in the open,
you have to move forward with aneviction.
If a landlord is aware of atenant's erratic behavior that
might pose a safety risk, theyhave the responsibility to
(21:31):
address a situation.
Potentially includingrestrictions on firearms if
they're allowed to on theproperty, but you need to be
prepared to evict.
My take on it, and this is myopinion, you are all entitled to
your own thoughts and concerns,is that landlords who own
private property rentals shouldfocus more on the safety side of
(21:53):
owning firearms than forbiddingit all together.
Do everything you can to makesure that tenants are not
sitting around outside cleaningtheir rifle with kids running
around.
Maybe require that all firearmsand related paraphernalia is
kept in a locked gun safe unlessremoving it from the property.
If you own a multifamilyproperty, consider putting up
(22:15):
signs restricting brandishingand showing firearms or weapons
of any matter in your commonareas.
And of course, you wanna includeverbiage in your lease that
protects you should any harmcome to others.
Here's some clauses that wefound that others have used that
might give you some insight onwhat to include in your lease.
(22:37):
And again, we are not lawyers,we are not legal or law
professionals, and we advise youto seek advice from your legal
counsel to determine if theverbiage in your lease will
protect you properly.
Okay, one person stated thattheir lease read: if you have
any firearms, you must keep yourweapons inside your unit at all
(22:59):
times and out of view of openwindows and doors, absent
legitimate self-defense or thedefense of others.
Another landlord stated thattheir lease read.
If you openly bring a firearmonto the common areas, you will
be evicted.
You must keep your weapon toyourself, safely tucked away in
(23:19):
the private confines of yourapartment unit or home, and not
visible to other tenants,neighbors or staff.
And this is one that DennyDobson stated in the article
that was very detailed.
He said, I have a section calledWeapons for the Lease, and it
says.
Weapons of any kind, includingbut not limited to: dart guns,
(23:44):
air guns, BB guns, slingshots,handguns, rifles, or any
mechanism that could be used topropel an object that could
cause harm to a person orproperty are not allowed in the
common areas, are not allowed inthe office, are not allowed
anywhere on the premise outsideof the actual unit.
(24:05):
And are not allowed to bedisplayed, shown, exposed,
demonstrated, or exhibitedanywhere in the community
premises except in case ofself-defense or the need for
imminent and immediateprotection of resident life or
property, or for self-defense,or immediate and imminent
(24:25):
protection of resident,residents occupants, guests,
invitees life or property.
It goes on to say, if a residentdesires to possess a legal
weapon in residence unit, inthat case, the resident must
safely and inconspicuously carrysaid legal weapon to and from
(24:46):
the resident's unit in a mannerthat resident ensures other
residents and staff do not seesaid weapon.
Illegal weapons are neverallowed visibly on the property
outside of the unit.
If resident or residentsoccupants do possess a legal
weapon in the unit, residentshall be responsible, for the
proper and safe possession,handling, and storage of said
(25:09):
weapon.
Landlord is not and shall not beresponsible in any way to
resident, occupants, guests orinvitees for any accidental,
negligent, or intentional actinvolving a weapon or discharge
thereof on near or off theproperty.
Holy moly, that was long.
Kevin (25:30):
Wow.
That was a good one though.
And I think that last sentenceis the key part.
And like we said earlier, youmust release yourself from
liability and responsibilityshould you allow guns in your
rental property.
Long yeah, but very detailed.
Stacie (25:48):
Yeah.
It covers a lot of ground and itdoesn't take away tenant's
rights, yet to make sure thattenants understand and in the
common areas especially, if theybrandish or show a weapon that
they're gonna be evicted.
It's so detailed and clear onwho responsibility falls on and
the consequences should thetenant violate that clause in
(26:09):
their lease.
And, and that's the bottom line.
Your lease, regardless of theclause, needs to clearly state
who is liable and what theexpectations are.
And again, as we have mentionedmany times, and actually just
experience with kid two settingup his first rental property.
Is that EZ Landlord Forms makescreating state specific leases
(26:31):
super easy.
Now, I'm not gonna mislead youhere.
They give you the basics.
It's up to you to add clausesand use their addendums to
really make your lease complete.
As for if they cover firearms intheir lease, they touch on it.
Essentially, under the addendumfor criminal activity, they say
something along the lines of ifa firearm is discharged
(26:54):
illegally, that that would begrounds for eviction.
And I did add a line thatillegal firearms and related
paraphernalia are not allowed onthe premises.
But their leases give you agreat start and the groundwork
to cover yourself if you havenothing else to use.
Well we'll link'em in the shownotes if you'd like to learn
more.
Kevin (27:14):
Yeah well, at the end of the day, your lease needs to
reflect what you're comfortablewith, what's legal, what's
realistic to enforce, and whataligns with how you wanna run
your property.
And if I'm correct, kid's twolease was what, around 80 pages.
Stacie (27:32):
Yeah, I, I use most, all of the addendums that were
available and it came out to 79pages.
You know, which is a lot, butman, when you're working to
cover yourself and your asset,it, it just, it was necessary.
Kevin (27:45):
Yeah.
Right.
But all of that was available onEZ landlords, right?
Stacie (27:50):
Yeah, like I said, they give you the foundation and then
I use some language from ourleases to fill in the areas that
I felt needed more clarity.
And if you sign up for a proaccount, you're not only gonna
get the leases, but they alsohave rent collection as well,
which is kind of a good point.
Now, kid two preferred TurboTenant for the overall
(28:12):
electronic management of hisrental.
He was able to upload thecompleted EZ Landlord lease to
his profile on Turbo Tenant, andthen he used their free
electronic signature feature andwas able to collect money owed
for the prorated rent fees andthe security deposit.
And once they sent over theirrenter's insurance information,
(28:33):
that was uploaded as well.
So everything about that unit isin one spot for both kid two and
the tenants to access from theirportal.
He paid a little bit more, buthe gets now he gets everything
that he needs between those twoapps.
Again, we'll link EZ LandlordForms and Turbo Tenant in the
show notes.
And also if you belong to alocal real estate association,
(28:56):
often they have state specificleases that you can access as
part of their benefits.
So use any resources that areavailable to you.
Kevin (29:05):
I wanna reiterate, as Stacie mentioned, consult with
an attorney to check over yourlease.
Or have them write it if you donot have one that is already
written by a legal team that isfamiliar with your properety's
local and state landlord tenantlaws.
Another thing is you should alsocheck with your insurance broker
on coverage specifics becausesome policies do not cover
(29:28):
certain liability, like shouldyou allow firearms to be kept in
the unit.
And as you have heard from us abunch of times, renter's
insurance is a must.
And see if that tenant's policycan include coverage for the
storage and use of that weapon.
Do anything and everything youcan to remove the responsibility
from yourself and place it onthe tenant.
(29:52):
I want to quickly talk aboutwhat tenants feel about whether
they should be allowed to havefirearms in the unit they're
renting or not.
When we were researchinginformation for this episode,
Stacie came across a Redditthread where tenants were
discussing the subject.
And it was interesting to seehow they feel about being told
no guns.
(30:13):
I mean, many flat out said theyjust ignored the no guns clause.
Others asked if they could getthe clause removed or amended
before signing the lease.
There was a long portion of thethread about their
constitutional rights, so don'tthink for a minute that a tenant
won't challenge or flat outignore your clause stating guns
(30:34):
and firearms are prohibited.
This one comment wasinteresting.
It read, private property ownerscan enforce their preference as
they own the land.
In all but two states there is alegal precedent for it.
Don't bitch and moan about it,just straight up don't give them
your business.
I don't understand the wholegoal of being subversive and
(30:56):
sneaky.
Why would you want to give thatperson your money and live in a
place that's known for not beingarmed?
Now that was just a summary ofthe hundreds of comments on that
thread.
And if you think that guns arenot an important issue in rental
properties, you better thinkagain.
Just remember, enforceabilityonly matters if you're ready to
(31:18):
follow through.
Stacie (31:19):
Yep, exactly.
Whatever your choice, make surethat it's in writing and cannot
be misunderstood.
Have something in your lease onthe subject and make it crystal
clear.
Now let me do a quick recap ofthis episode.
Bottom line, yes, in most cases,landlords can restrict firearms.
But it is a complicated mix oflegality, practicality, and
(31:42):
liability.
Based on your property type,location, and tenant base, think
about what works best when itcomes to allowing or prohibiting
guns and firearms in your unit.
For multifamily, we recommendstrict common area rules and
maybe use signage to reinforcethose rules.
For single family homes,consider more tenant autonomy.
(32:06):
If you prohibit guns from yourrental property be prepared for
a tenant to fight for theirsecond and 14th amendment
rights.
If you allow guns, make sureyour lease is abundantly clear
that you do not holdresponsibility or liability
should an issue arise from thatauthorized firearm.
Consult legal counsel who isclear on landlord tenant laws on
(32:28):
the local and state level ofyour rental property, should you
have questions about your rightsas a rental property owner and
what they would advise you todo.
And do not forget to documenteverything.
Guns or no guns, any complaint,any report of a violation, and
all correspondence with tenantsand authorities.
(32:48):
You wanna make sure youdocument, document, document.
And check with your insurancecompany to make sure that they
are not also removing themselvesfrom coverage and your liability
regarding allowing firearms tobe kept in the property that
they insure.
And as Rent Perfect’s DennyDobbins also mentioned.
(33:09):
There are no easy answers towhat private landlords should do
about whether or not they allowtenants to possess legal
firearms in their own apartmentunit or home in the face of
constitutional rights, liabilityissues, insurance coverage, and
individual feelings about weaponpossession.
So all Kevin and I can say isallowing or disallowing firearms
(33:34):
in your rental property is asubject that needs deep thought
and consultation with legalprofessionals.
All right, you guys that is itfor today's podcast.
You know, we hope you got somegood information from us today.
We know that we certainlylearned a few things that we
were not aware of when we wereresearching this subject.
(33:56):
If you enjoyed our podcast,would you do us a favor and
leave us a kind review so thatother landlords will find us as
well.
If you wanna hear more, followor subscribe to the podcast so
that each week the episodes aredownloaded right to your
favorite podcast platform.
And we'd love to stay in touchwith you.
If you have a question or youwanna suggest a subject for us
(34:17):
to discuss, you can text us at 65 0 4 8 9 4 4 4 7 or email us at
stacie@yourlandlordresource.com.
That's Stacie with an IE orkevin@yourlandlordresource.com,
and we'll link all that in theshow notes as well.
Also in the show notes, you canfind links to all the downloads
(34:40):
that we offer, ways to sign upfor our free newsletter, and
links to our private Facebookgroup that's just for landlords.
Of course, the show notes alsoinclude links to our social
media accounts on Instagram,Facebook, and YouTube, where we
share very informative anddetailed tips and tricks for
landlords, so go check thoseout.
(35:01):
I think that's about it.
Thanks again for tuning in, anduntil next time, you've got this
landlords.
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