Uniform Residential Landlord and Tenant Act, An Overreach?

[OldIronFan]

 

I saw this letter floating around community pages on the Book of Faces last night. I was unaware that Tennessee, a normally 2A friendly state, had such a code in effect. Apparently it is legal for a landlord to prohibit a tenant from possessing firearms on the leased/rented property under the Uniform Residential Landlord and Tenant Act. This seems like a fairly significant overreach to me and goes rather counter to castle doctrine (or similar principles of TN law). 

A landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within the leased premises. Such a prohibition may be imposed through a clause in the lease, or, in counties where the Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. §§ 66-28-101 to 66-28-501, is in effect, such a prohibition may be imposed by adopting a rule that satisfies the requirements of Tenn. Code Ann. § 66-28-402.

A landlord who prohibits firearms through a lease or property rule would not be required to post signs that satisfy the requirements set forth in Tenn. Code Ann. § 39-17-1359. However, if the landlord does not post such signs, persons who violate the prohibition would not be subject to criminal prosecution for violating Tenn. Code Ann. § 39-17-1359.

Have any of the TGO renters run into such issues or clauses in your lease?
Yet another reason I am glad I own my home.  

[MP5_Rizzo]

Wild a$$ guess here but my bet is the property owner voted for the current regime.

[FUJIMO]

I am betting this has more to do with insurance and liability than it does with the landlords personal feelings toward firearms and the like. That list looks pretty extensive which suggest a big CYA clause. I know a couple landlords and at least 1 makes you sign forms a mile long. His house his rules I suppose.

[No_0ne]

5 hours ago, FUJIMO said:

His house his rules I suppose

This.  An easy solution, if you don't like the rules, rent somewhere else ...

[Wheelgunner]

No_0ne nailed it.  Freedom of contract is a real thing.  

Many landlords have enough business sense to be more interested in a tenant's credit score rather than his Shied or J frame.  But tenants have a role too - they should insist on the terms they want or vote with their feet.

[1gewehr]

It's a contract.  Either party can amend it before signing.  Strike out the part you don't like. If the other party signs it after you made changes, then the changes are part of the contract.

If they cannot accept the changes, you can accept it as-is or look elsewhere.

[OldIronFan]

I guess my primary issue with this the fact that this letter was sent to existing tenants already under a lease agreement that did not contain this language or restriction. Existing tenants are now a) forced to sign this new agreement/contact if they wish to remain in their home, b) incur the expense and hassle of moving if they refuse to accept the new restrictions. c) face eviction if they choose to not sign or violate the new restrictions after signing the new agreement in bad faith. 

I am also slightly surprised that Tennessee would have code on the books that goes counter to a tenants rights to personal protection of their home and family. Sure it is a contract you can choose to sign or walk away from but it still seems like a overreach to me. 

[btq96r]

I get that TN is a 2A friendly state on the whole, but not to the point of restraining business from steps to reduce liability.

This is something I've carefully looked for in every rental agreement I've signed, but thankfully haven't seen yet.  For my current place, I actually asked point blank since there was some language about dangerous items that seemed geared towards environmental and fire concerns, and I wanted to make sure ammo wasn't tied up in that.

I also make sure that I know if there is some set of rules that can be amended like the OP shows, or if any changes need to be done via contract addendum.  The protections for the latter are important when it comes to the property owner having cause to break the lease without prior notice.

 

[Alleycat72]

Honestly, I believe a business or landlord should be free to put any restriction or refuse any one for any reason without government interference. I routinely eat at a restaurant that charges me more because of my skin color. Let the market decide their fate. The restriction they impose may piss me off, but I don't have the right to tell someone how to use their property.

[Fourtyfive]

20 minutes ago, alleycat72 said:

Honestly, I believe a business or landlord should be free to put any restriction or refuse any one for any reason without government interference. I routinely eat at a restaurant that charges me more because of my skin color. Let the market decide their fate. The restriction they impose may piss me off, but I don't have the right to tell someone how to use their property.

Who charges for food by skin color?

[E4 No More]

21 hours ago, OldIronFan said:

 

I saw this letter floating around community pages on the Book of Faces last night. I was unaware that Tennessee, a normally 2A friendly state, had such a code in effect. Apparently it is legal for a landlord to prohibit a tenant from possessing firearms on the leased/rented property under the Uniform Residential Landlord and Tenant Act. This seems like a fairly significant overreach to me and goes rather counter to castle doctrine (or similar principles of TN law). 

A landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within the leased premises. Such a prohibition may be imposed through a clause in the lease, or, in counties where the Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. §§ 66-28-101 to 66-28-501, is in effect, such a prohibition may be imposed by adopting a rule that satisfies the requirements of Tenn. Code Ann. § 66-28-402.

A landlord who prohibits firearms through a lease or property rule would not be required to post signs that satisfy the requirements set forth in Tenn. Code Ann. § 39-17-1359. However, if the landlord does not post such signs, persons who violate the prohibition would not be subject to criminal prosecution for violating Tenn. Code Ann. § 39-17-1359.

Have any of the TGO renters run into such issues or clauses in your lease?
Yet another reason I am glad I own my home.  

Yes, I learned of this when we lived in apartments in Nashville.

[NwoSlave]

imagine living in antioch in one of those apartment complex and them saying you cant have a weapon??!!

id just sign the paperwork and let them evict me if it came down to that. 

 

 

[E4 No More]

13 minutes ago, NwoSlave said:

imagine living in antioch in one of those apartment complex and them saying you cant have a weapon??!!

id just sign the paperwork and let them evict me if it came down to that. 

 

 

I lived in one of said apartments

[NwoSlave]

5 minutes ago, E4 No More said:

I lived in one of said apartments

so did i like 6 years ago. if those clauses were there i never saw it, who reads all of the contract anyway?

still had a handgun but they never knew. 

[Alleycat72]

4 hours ago, Fourtyfive said:

Who charges for food by skin color?

There's a place in Nashville that I eat at and I notice my bill was always $2ish more than the people in line with me. My buddies sister-in-law explain it to me the I would pay full price and she would get a discount at some business. Then my buddy, his wife, and the sister-in-law laughed at me for not knowing about the practice. LOL

[user1776]

They'd get a discount at that business because you pay full price? What's that have to do with skin color though?

[docachna]

Of course, some people would take the position that they would rather be alive and facing eviction, than be a dead guy whose family (if any) still has a roof over their heads.

 

Just sayin'...................