My Apt Complex says I can't have my gun in the apartment.

[Guest WyattEarp]

Well you're right in that I've known of landlords locking people out after being a day late on the rent and other things they can't legally do, but the tenants have no way of doing anything about it.

I just didn't get the feeling this place was like that....but can't say why...lol

it's illegal to lock someone out for being 1 day late. and the tenants can do something, go down to the courthouse, file for an injunction against the landlord.

If my name is on that lease, and he locks me out, and there's no eviction notice and there's no temporary restraining order blocking me from being on the property or in the unit, im kicking the ****ing door in and going back into my own place. if i can't kick a door in, i'll smash out a window. simple as that, then I'm suing his ass for breach of contract.

if tenants have no way of doing anything about it, it's because they typically don't know what their rights are under the law or the lease, and they pack up and move, and then find out months down the road they have an outstanding debt in collections for the unpaid portion of the lease.

The sheriff has to have a court order, but I was trying to say they will literally put your stuff in the street and you can't stop it.

Only after the date the court sets for being out and it posted on the door first .

well, it doesn't happen JUST like that, usually once they have an eviction notice, you have x amount of days to get your stuff and remove yourself from the premises.

if the landlord removes your stuff prior to the stated eviction date, then I can go to court and get an injunction against the landlord, and he's responsible for lawyers fee's, court costs and what it costs me to either rent a truck, hire help, or recruit a friend or neighbor to help me move it (gas, truck, insurance, etc).

[Guest WyattEarp]

So did we ever get an answer to the question, if the gun was found & he was evicted, would he still have to pay out the rest of the lease or would being evicted mean he wouldnt have to pay the rest of it?

in the lease and in the URLTA, it states if you are evicted, or you abandon the place, you're responsible for the unpaid remaining balance of your lease....BUT (there's always a but).....

the landlord has a duty to mitigate the expenses to the tenant, meaning they have to put up an advertisement in the paper, on craigslist, out front, facebook or wherever that they have a unit that is available immediately for rent. They can't just take the unit off the market because no one is living there and I'm still paying rent.

fairly safe to say, that they wouldn't have a problem getting someone in within a week or two, but not a risk I'm willing to take.

Trying to find an attorney who will write the letter fairly inexpensive, the one I talked to wanted $200! just to write a letter.

At the same time, i've got an ad on craigslist, hopefully someone responds.

No way would I still pay rent if I wasn't living there, that is literally stealing.

I don't see how he would have to pay rent if he was evicted, that doesn't even make sense. "We are kicking you out, but by the way, you still have to pay rent". I would laugh in the face of any landlord that told me something that absurd.

see my post above

[Guest ArmaDeFuego]

the one I talked to wanted $200! just to write a letter.

Yep, sounds like a lawyer.....

[QuietDan]

I am truly sorry you are having to go through this hassle. Perhaps its all part of that karmic balance that goes with your run of extraordinary luck you have previously described.

That being said, you are performing an excellent service for the rest of us by outlining the ins and outs of this, and by drawing the best ideas out of the rest of us.

I recommend you get a referral from people you trust to a lawyer they trust that works this type of issue. I'm thinking that $200 for a lawyer's letter might sound steep, but you'd be surprised how quickly things can get straightened out when a good lawyer steps in. Sometimes there is a lot more to "writing a letter" than you might think.

I had a situation at work a few years ago that was going south and was clearly wrong. I had previously worked with a real estate attorney and asked him for a referral to a lawyer who had expertise in this new issue. He referred me to the best one he knew. I paid her . . . around $200 as a retainer. She made a couple of inquiries and a couple of phone calls. Two days later, the company's lawyer called me all sweetness and light saying it had all been a total misunderstanding and how he had no idea how things had gotten to this point and let's all have coffee together and forget about it.

Best $200 I ever spent.

[hornett22]

Yep, sounds like a lawyer.....

And the say I'm expensive.............good grief!

[Oh Shoot]

And the[y] say I'm expensive.............good grief!

Attention to detail perhaps gets higher fee?

- OS

[cgun86]

Ask all you want but a barrel is not a firearm. Keeping a barrel in your car is no different than keeping a softball bat, tire iron, or hammer.

I dunno... the campus police here at ETSU would mess their pants if they ever found a "firearm component" in a students car. They would quickly assume that other students had the missing pieces, and might build a "weapon of mass destruction" if provoked. All hell would break loose.

[hornett22]

i don't know, if I don't pay attention the the details, really bad things happen.

[Oh Shoot]

i don't know, if I don't pay attention the the details, really bad things happen.

I hear a big whoosh.

- OS

[Guest 270win]

It is important to remember that you dont need a handgun carry permit to keep/carry a handgun loaded in your apartment. Apartments and hotel rooms are like your own home while you are renting them. Not many places require a special license to keep a handgun in your home or hotel room. No law broken and no feelings hurt as long as it is kept hidden in a nightstand or dresser. Conceal when you take the handgun to your vehicle and your problems are solved. No way would I ask some apartment or hotel people for 'permission' to keep my gun in there. Of course people are going to say no. That is their natural reaction. Still there is no law broken and even if there were these special legal signs I'd honestly question that in regards to your domicile because you don't even need a license to keep a firearm in your domicile.

[Oh Shoot]

It is important to remember that you dont need a handgun carry permit to keep/carry a handgun loaded in your apartment. ...

Since you've apparently not read much of it, whole thread has nothing to do with legality, but lease violation, and getting called on it.

Also, he can't keep gun in car because it goes on campus and he's a student. THAT part IS illegal.

- OS

[hornett22]

I hear a big whoosh.

- OS

More like crash or a transformer exploding.

[jgradyc]

I read the first five pages of this thread before I finally thought, "Good grief!!!" and gave up reading the rest.

Here is the fix. Open a checking or savings account at a local credit union. You should be able to get a safety deposit box big enough for a handgun for $25 a year... maybe $35. Once you have the box, return with the unloaded gun without ammo in something nondescript... backpack, paper bag, whatever. Once in the private room, place gun in box and return it to vault. The issue is resolved. End of thread.

[Fallguy]

I read the first five pages of this thread before I finally thought, "Good grief!!!" and gave up reading the rest.

Here is the fix. Open a checking or savings account at a local credit union. You should be able to get a safety deposit box big enough for a handgun for $25 a year... maybe $35. Once you have the box, return with the unloaded gun without ammo in something nondescript... backpack, paper bag, whatever. Once in the private room, place gun in box and return it to vault. The issue is resolved. End of thread.

Yeah right up until he needs it and the Bad Guy won't wait long enough to let him run to his safety deposit box.

[hkgonra]

There is no way I could lay me head down at night again with those roommates.

In fact I would get my stuff out of there asap. They are scary people.

[QuietDan]

Any word on how this is all falling out?

[Guest WyattEarp]

I am truly sorry you are having to go through this hassle. Perhaps its all part of that karmic balance that goes with your run of extraordinary luck you have previously described.

That being said, you are performing an excellent service for the rest of us by outlining the ins and outs of this, and by drawing the best ideas out of the rest of us.

I recommend you get a referral from people you trust to a lawyer they trust that works this type of issue. I'm thinking that $200 for a lawyer's letter might sound steep, but you'd be surprised how quickly things can get straightened out when a good lawyer steps in. Sometimes there is a lot more to "writing a letter" than you might think.

I had a situation at work a few years ago that was going south and was clearly wrong. I had previously worked with a real estate attorney and asked him for a referral to a lawyer who had expertise in this new issue. He referred me to the best one he knew. I paid her . . . around $200 as a retainer. She made a couple of inquiries and a couple of phone calls. Two days later, the company's lawyer called me all sweetness and light saying it had all been a total misunderstanding and how he had no idea how things had gotten to this point and let's all have coffee together and forget about it.

Best $200 I ever spent.

life has it's ups and downs. it's not bad luck here, or good luck in the other thread, but this was something I didn't clearly think out, and got lured by commercialization and extra perks. In the end it wasn't worth it. this place was more hassle than what it was worth, but I chose to be naive in my thinking. I made a bad decision without weighing the pro's and con's. it is what it is.

Any word on how this is all falling out?

about to be resolved this week. I already paid November's rent, but got a phone call from the apt complex earlier today, they have someone wanting to take over my lease, going up there tomorrow to talk to them and make sure, and in the process of finding another place. just gotta make sure it's a done deal. if all goes well, I'm out of here sometime between wed and friday. I'll lose $200 of my rent for a cancellation fee (bs, but whatever, at this point im not in the mood to argue, i just want away from this dump and these people), the rest will be pro-rated and refunded back to me. I'll take that as a victory.

[Guest Don't-Tread-On-Me]

I believe evicted would get you out of breaking the lease financially. I could be wrong.

Do you have a relative or friend who could store it for you?

The lease is completely binding and YOU SIGNED IT...I would take the eviction,(losing your deposit is all you'd have to worry about financially with the apt complex)...In my opinion leaving a weapon in your car is a BAD idea PERIOD, apts are TARGETS for auto theft and burglary...And your roomate needs a BIG dose of "mind your own F-ing business"!!! Good Luck~

[Guest pfries]

Well Wyatt,

it looks as if you are getting out of this with your hat on although dirty.

I am glad it is working out in a manner that is not breaking you or leaving you defenseless.

Grab your gun and roll my friend.

[Makiaveli]

I made a bad decision without weighing the pro's and con's. it is what it is.

Good attitude.

Glad to hear you are out with relatively minor wallet damage.

[Guest WyattEarp]

the new guy has signed and assumed my lease. goes into effect on the 16th. I have to be out by Friday afternoon. I looked at a couple places, first place was 90 years old and was a house, smelled like wet dog and had weird women with extremely short hair living there (possibly lesbians, but nothing I would care to see, not that I have anything against lesbians) but the condition of the house and the odor were more than I could bear, so I passed on that one.

Second place seemed like the obvious choice. 2 bedroom apt, no animals, ground floor, place was very clean and orderly, the guy is 37, has a full time job, girlfriend that has her own place, and works 2nd shift, goes to church. A few email conversations, and a few phone conversations revealed we hold the same ideals on cleanliness and respect for reasonable quiet and for roommates. Does not do drugs, and I didn't even have to ask about guns, he got to talking about shooting trap and skeet, and hunting and growing up around them, he asked if i was a firearms enthusiast and I said I was, had grown up hunting pheasant and quail and rabbit, and had shot trap on the HS team. He didn't ask anything else, and I didn't offer, but I'm pretty sure it's not a big deal to him.

Just to be safe I checked out a third place, guy and a girl with a house, girl was cute, dude seemed like a d-bag and kept glaring at me while I was talking to her about the place and the amenities, as if i might snatch her up and run off with her, I decided that was probably a no go, and a bad situation waiting to happen. last thing I need is some jealous boyfriend offing me in my sleep because he thinks I'm doing something with his girl. I shall pass.

I decided on the 2nd place after the new guy signed the lease, went by and paid my rent for this month, prorated of course, got a key, and move in day is tomorrow. got a buddy coming to help out, shouldn't take long, couple hours at the most.

glad this is over with, and I'm outta here and on my way as soon as class ends tomorrow. Situation resolved for the lost cost of $200, but not for a lost cause

[TGO David]

Unsolicited recommendation.... but there are several reputable places online where you can run a background check on virtually anyone. I'd HIGHLY recommend that you spend the money and do this before you decide who you're going to become housemates with. You just never know and, frankly, you've had more than your share of drama at this point. I'd do damn near anything to avoid more if I were in your shoes.

[Guest pfries]

^^^Agreed^^^ and some website has been advertising a free trial for this but I cannot remember the site..... Maybe someone on here can chime in if they do?

[Guest WyattEarp]

Unsolicited recommendation.... but there are several reputable places online where you can run a background check on virtually anyone. I'd HIGHLY recommend that you spend the money and do this before you decide who you're going to become housemates with. You just never know and, frankly, you've had more than your share of drama at this point. I'd do damn near anything to avoid more if I were in your shoes.

I'll drink to that. although I know it wouldn't have helped me in this most recent living situation, it's a good idea. thanks.

with any luck, this will be a good situation, and I'll be off the map, things will stay quiet and peaceful, and I'll be outta sight, outta mind until graduation times come, and then I can move to Oklahoma. the only attention I care to get is seeing my name credited under the photos I take for the 2 papers I work for

Edited November 10, 2011 by WyattEarp

[Glock30]

Situation resolved for the lost cost of $200, but not for a lost cause

Cost of resolution: $200

Value of lesson: Priceless