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Would gun ban violate tenants’ rights?

You do have a legal right to prohibit the keeping of firearms at your properties, just as you can prohibit tenants from keeping pets or parking oversize vehicles in your parking lots.  The United States Constitution (specifically, the Second Amendment, which concerns the people’s “right to bear arms”) is aimed at the government, not at individuals like you. So, while recent Supreme Court decisions have struck down attempts to restrict gun ownership, these cases have all involved states or localities whose laws have been found to infringe on the amendment. You are neither a state nor a locality. You are simply a business owner who has wide latitude in deciding how your run the business. Should you instigate such a policy at your properties — more on how to do that below — you should be prepared for another argument you’re likely to hear. “That’s discrimination against gun owners!” will surely be lobbed your way. Again, nothing to fear, legally. That’s because gun owners are not a protected group under federal, state or local laws. Unlike members of a race, religion, ethnicity and so on, gun owners enjoy no protection from negative treatment aimed at them simply because they happen to own guns. You certainly can’t target protected groups with your policy, such as applying it to members of a particular race only, but you can refuse to rent to every applicant who wants to keep guns on the property. Now you must think about how to implement your new policy. For those tenants who have leases, you’ll have to wait until the leases are up to insert your new clause. You can’t impose your new rule on tenants who are midlease, because doing so would entail a unilateral change in an important term or condition of the rental, which is exactly what a lease is intended to prohibit. But if you have month-to-month tenants, you can announce your new policy with proper notice, which is 30 days in most states. Tenants who are unhappy with the new rule will presumably refuse to sign your new lease or monthly agreement. If they don’t move out voluntarily, they’ll be candidates for eviction.

It will be very difficult, however, to ensure that tenants are following your new policy. Unlike a ban on pets or oversize vehicles, it will be tricky to enforce a gun ban because it may be very hard to catch rule-breakers. Landlords and neighbors can readily see pets and RVs, but it’s quite possible that people will keep guns without anyone ever knowing about it. Privacy laws in most states will prevent you from inspecting your tenants’ homes for evidence of violations. And ironically, if rule-breaking tenants take steps to keep firearms out of reach and locked away (as they should for safety reasons), it will be harder still for you or any guest or repair person to spot them while in the unit on legitimate business.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of “Every Landlord’s Legal Guide” and “Every Tenant’s Legal Guide.” She can be reached at janet@inman.com.

Janet Portman Contributor

Since 1946 the Carnahan name has had a reputation for honest and ethical Real Estate Property Management services in the San Fernando Valley, Santa Clarita Valley, Burbank/Glendale, Los Angeles, Westside and Conejo Valley areas.

The reason for our success is helping owners like you when they need it. Below is a partial list of property management services we provide to help you protect your real estate investment.

• Tenant placement
• Tenant screening (including: credit check, landlord and employment verification, social security trace report, California eviction check and criminal check)
• Regular property inspections
• Accounting and landlord bill payment
• Monthly financial reporting
• Maintenance service and supervision (we use only proven independent vendors)
• Collections
• Evictions
• We supply all the necessary forms to meet California’s Landlord/Tenant laws
• 24 hour emergency phone service
• Advertising to the broadest tenant base possible

Call or e-mail us today for more information. We’re ready to get started!

• Carnahan Property Management services Woodland Hills,West Hills, Calabasas, Canoga Park, Tarzana, Reseda, Topanga, Encino, Northridge, Van Nuys,North Hills,Chatsworth, Sherman Oaks, Studio City, North Hollywood, West Hollywood, San Fernando Valley, Granada Hills, Mission Hills, Simi Valley, West Lake Village, Agoura,Toluca Lake, Valley Village, Burbank. Call us at (818) 884-1500 and check if we can service your area.