The issue of gun control has been such a constant debate in the United States.
Others feel that gun ownership should have stricter regulations, while others think that the freedom to bear arms is their right, which they must not be deprived of, as stated on the Second Amendment.
The opposing opinions have created confusion for landlords on whether or not they can regulate or completely ban firearms in their rental property, considering that they own the private property. However, by renting out to tenants, they somehow give up a certain level of ownership in exchange for rent.
Let us delve into the subject to know how you can deal with gun-bearing tenants.
State Laws
Gun control has been an ongoing issue in the country because of the lack of federal law regarding guns, among other reasons. Even though there are only a few state laws that explicitly discuss the subject of gun ownership for tenants and landlords, state laws are the best reference available for landlords, so it is best to be familiar with them. Here are a few examples:
- In the state of Tennessee, landlords can prohibit gun ownership
- In Minnesota, landlords are not allowed to forbid gun ownership or carrying inside their rental properties.
- Landlords in Ohio may prohibit firearms in their properties if the tenant with the gun doesn’t have a concealed carry license.
- In Virginia, landlords that own public housing properties are not allowed to ban guns.
The Absence of State Laws
If your state does not have any law that discusses what you can and cannot prohibit in your property when it comes to guns, it will depend on the discretion of the landlord.
As private owners of the property, the landlord may ban guns as long as the state gives them the option to create gun-free spaces inside the property. It would not violate the Second Amendment that grants people the right to bear arms.
Lease Agreement
Some landlords will only ban openly carrying guns in the common areas of their apartment buildings, and some will allow it as long as the tenant has the proper license. The landlord may set limitations and must clearly state them on the lease agreement.
Since gun control is very complex, having specific gun-related rules on the lease agreement will put the landlord and his tenants on the same page. In case of any violation, the lease agreement can be a basis, even in a court setting.
Determining Limitations
Landlords can determine what gun-related rules they will apply to their rental property by knowing what their reservations are about guns and how much they trust their tenants who have a gun license.
Before marketing properties for landlords, one of the things you must do as a rental agent is to know what they want and do not want in their property, and this includes firearms. When you receive tenant applications after you published property listings on Padleads, make sure to let them know of concerns like this from the get-go so that you can narrow down the pool of applicants to those who will not have any issue with the leasing rules and regulations.