What to do if I’m licensed to carry a handgun but my apartment complex sent an addendum to my lease stating that they’re no longer allowing the conceal/open carry of handguns on their premises?

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What to do if I’m licensed to carry a handgun but my apartment complex sent an addendum to my lease stating that they’re no longer allowing the conceal/open carry of handguns on their premises?

They are not allowed in “public” or “common” areas but the transportation of firearms is still allowed from the apartment to the vehicle. I have refused to sign the addendum but they are trying to impose fees on me for breaking my lease. Is this legal?

Asked on January 11, 2016 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A private landlord can restrict you from having a gun on their premises: your consitutional right to bear arms does not trump the private landlord's or property owner's right to say "no guns here." (Constitutional rights apply vs, the government, not other private citizens or businesses--that's why, for example, there is no such thing as a "free speech" right against your private sector employer: your boss can prohibit certain speech at work.)
When your current lease is up, they can require you to sign an addendum to renew (they can't add an addendum mid-lease, unless the lease itself states explicitly that they can); if you don't sign the requested addendum at that time, they can evict you. 


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