Firearms Lease Clause Example

Washington, DC · Member since 2014 · 1 post · 2 votes

Hoping to get help with finding a good, solid firearms clause to a lease. Have a tenant that’s about to begin a lease who has two handguns (works in law enforcement). Without starting from scratch, I’d love to see if anyone has an existing clause to a lease listing certain conditions that shall be adhered to by the tenant. Examples of what I’ve been finding seem to include requiring firearms liability insurance, not having firearms in property common areas, etc. Thank you for the help! Adam

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Dennis M.

Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes

@Daniel Nishiguchi It should be stated in your lease anyways that the tenant is liable for all people / guests they have in the unit for accidents damages etc .. you can’t take a persons second amendment rights away because your scared of guns bro

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Dean H.
Rental Property Investor · Salem, OR · Member since 2016 · 202 posts · 305 votes
8y
Personally I would be glad to have him on the premises, ask him to secure the unused one in a safe and keep an eye on things for me
2 Reply
Seth Borman
Rental Property Investor · Phoenix, AZ · Member since 2016 · 553 posts · 314 votes
8y
What's your goal? What are you trying to prevent?
1 Reply
Grant ShipmanPro Member
Rental Property Investor · Estes Park, CO · Member since 2017 · 282 posts · 1k+ votes
8y
I'm right with you. I hope someone can help you with this request bc I'd love to see it. you mentioned common area. do you rent by the room?
4 Reply
James Wise
Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
8y
Originally posted by @Adam Warchal:
Hoping to get help with finding a good, solid firearms clause to a lease. Have a tenant that’s about to begin a lease who has two handguns (works in law enforcement). Without starting from scratch, I’d love to see if anyone has an existing clause to a lease listing certain conditions that shall be adhered to by the tenant. Examples of what I’ve been finding seem to include requiring firearms liability insurance, not having firearms in property common areas, etc.
Thank you for the help! Adam
How's the tenants supposed to take the gun to & from work if he can't go through the common areas with it?
1 Reply
Bob B.
Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
8y
@Adam Warchal When did you find out about the guns? Before or after you agreed to lease him the property?
What's your issue with a law-abiding, law enforcement person having a couple of guns? My concern would be that he only owns only 2 guns. What kind of law enforcement person only owns 2 guns?
5 Reply
Mike CumbieBusiness Member
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
8y
Find a disturbance or improper use clause.
0 Reply
Daniel Nishiguchi
Santa Clarita, CA · Member since 2018 · 7 posts · 4 votes
8y
I know this is late but did anyone find a good clause for this? My biggest concern is if my tenant's visitor found the firearm and used it on the premises even though the tenant him/herself worked for law enforcement I want to make sure i'm not liable.
1 Reply
Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
8y
@Daniel Nishiguchi It should be stated in your lease anyways that the tenant is liable for all people / guests they have in the unit for accidents damages etc .. you can’t take a persons second amendment rights away because your scared of guns bro
6 Reply
Anthony Wick
Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
8y
I'd say it would be best to not address this specifically in a lease. I don't ask my tenants if they own firearms. I merely put in my lease that they, or their guests, cannot conduct illegal activity on the premises.
2 Reply
Mike McCarthy
Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
8y
I have a standard clause in my lease that firearms are not allowed on the property. I’ve had one tenant let me know that he does skeet shooting, keep the gun locked, etc. I removed the clause for him. I’m not entirely sure it’s enforceable as a clause, nor would I typIcally, though having it seems like it would be helpful if something bad did happen. I would just leave him to manage his own firearms.
0 Reply
Jim S.
Sterman, MI · Member since 2017 · 378 posts · 306 votes
8y
Do you have a clause for knives? Baseball bats? Hammers?
1 Reply
Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
8y
@Adam Warchal
Man, I wish I had some tenants who worked in law enforcement, or even some who were legally allowed to carry around firearms, instead of ones who couldn't pass a background check.
But do you really think a trained law enforcement officer is going to leave his service weapon lying around in a shared kitchen or something? What is he going to do, pull it out of his pants to get comfortable munching his cereal and then get up and amble off to work without it? And this is Washington D.C...so we're not talking Sheriff Rosco P. Coltrane here. If the LEO doesn't already have one, I'd buy him a little lockbox for his room and screw it in for him. Great thirty-buck investment.
1 Reply
Nik Moushon
Architect · Wenatchee, WA · Member since 2018 · 843 posts · 907 votes
8y
Originally posted by @Mike McCarthy:
I have a standard clause in my lease that firearms are not allowed on the property. I’ve had one tenant let me know that he does skeet shooting, keep the gun locked, etc. I removed the clause for him.
I’m not entirely sure it’s enforceable as a clause, nor would I typIcally, though having it seems like it would be helpful if something bad did happen.
I would just leave him to manage his own firearms.
You better be prepared to get yourself sued out the *** for banning firearms. I'm sure most people will just find another place to live but man....you're literally violating a constitutional right. Even if you say you'll never enforce it doesnt matter, the courts aren't going to care. Politics and personal views aside I would strongly recommend removing this from your contracts. If youre that concerned over liability there are a dozen other ways to keep yourself cleared in case of a gun situation.
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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
8y
I live in an 'open carry' state. I'm not going to tell my tenants they can't have firearms in their home. In fact, I would be in violation of State law by restricting firearms.
0 Reply
Dale Lotts
Rental Property Investor · Lakewood, OH · Member since 2016 · 73 posts · 32 votes
6y
@Nik Moushon is incorrect. What the Second Amendment protects citizens against is interference on the part of government (both federal and state government, as the McDonald case established) not private actors like landlords.
Unless your state bans such provisions, like Texas does (big shocker there), you may be able to ban guns in your rentals. It's best to check with a lawyer and not the internet. =)
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y
Dale is correct. Private land owners can restrict firearms on their property. You can even legally restrict alcohol if you want to get real nasty.
I live in a state where firearms are everywhere yet we manage to not kill each other like they do in Chicago or Baltimore where firearms are restricted. So maybe possession isn't the problem?
I don't restrict firearms. The government already has sufficient laws in place and my tenants are subject to those laws. Criminal activity can result in eviction, whether it's shooting a firearm or shooting meth.
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Ronald RohdePro Member
Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
6y
Blast from the past. Did everyone get the clauses or addendums they need?
0 Reply
Lacy Green
Real Estate Agent · Elida, OH · Member since 2020 · 18 posts · 6 votes
6y
Interesting to see such an old thread make a revival for a topic like this. As a law enforcement officer, and owner of WAY more than 2 guns, and a future landlord I just wanted to weigh in quickly.
Just because someone is in law enforcement, doesn't mean that they are experts on the use of firearms, nor does it mean that they properly care for their weapons and store them safely or correctly. I know plenty of officers who have handguns sitting on countertops, in drawers, in their car in the driveway, you name it. That doesn't mean I think you should put a clause in your lease about it however. I'm not sure what you are trying to prevent, or protect yourself from. Law enforcement officers TYPICALLY are not the type that are going to be involved in criminal activity, which is what I would think you are trying to prevent.
Maybe a better thing to do would be, would be to just have a conversation with the officer. Thank them for moving into your rental and helping to keep the neighborhood safe. strike up a conversation about firearms if you would like, to see how he or she stores their firearms. If you don't like how that goes, say so. I'm betting they will be receptive.
0 Reply
Dale Lotts
Rental Property Investor · Lakewood, OH · Member since 2016 · 73 posts · 32 votes
6y
Hey @Ronald Rohde, I came here because I was looking see what clauses others had. I didn't really have much luck. I'm not really looking to prevent legal ownership, I'm looking to make sure any gun on my property has limited access, since Suicide is statistically the biggest inappropriate use of guns - I don't want a gun suicide on my property.

For any gun rights advocates, I don't really care about your opinions, so please don't comment. I'm intersted in seeing a few lease clause options so I can decide what, if anything, might go into my lease.

[Edit]: Well I was able to answer my own question for my MN properties - A landlord cannot restrict the lawful carry or possession of firearms by tenants or their guests. Minnesota Statute 624.714. This means that clause must be worded only to include unlawful possession and I certainly will not allow that on my properties.
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Sarah Lewis
Investor · Chicago, IL · Member since 2017 · 40 posts · 33 votes
6y
Also check with your insurance agent to see what, if anything, you might be liable for if a shooting occurs on premises.
0 Reply
Account Closed
Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
6y
I dont honestly think ive ever heard of a landlord or PM being held accountable for a tenant being careless with weapons (or any other dangerous tool) when the landlord had no knowledge about it beforehand.. if there is no nusiance or illegal activity or pattern of dangerous behavior, I am not sure what the landlord liability is?
Seems more risky to try and even get involved with this contentious issue. Just get umbrella insurance and maybe a chat with your attorney to be sure.
I would not call the insurance company, they may get concerned when you just happen to casually ask about the possibility of random careless shootings on your property.
0 Reply
Mike S.
Investor · Broward County, FL · Member since 2018 · 1k+ posts · 938 votes
6y
@Nicky Reader
I would be more worried about a tenant suing me after a robbery or other rape for depriving him from his mean of self defense....
1 Reply
Ronald RohdePro Member
Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
6y
Originally posted by @Dale Lotts:
Hey @Ronald Rohde, I came here because I was looking see what clauses others had. I didn't really have much luck. I'm not really looking to prevent legal ownership, I'm looking to make sure any gun on my property has limited access, since Suicide is statistically the biggest inappropriate use of guns - I don't want a gun suicide on my property.

For any gun rights advocates, I don't really care about your opinions, so please don't comment. I'm intersted in seeing a few lease clause options so I can decide what, if anything, might go into my lease.

[Edit]: Well I was able to answer my own question for my MN properties - A landlord cannot restrict the lawful carry or possession of firearms by tenants or their guests. Minnesota Statute 624.714. This means that clause must be worded only to include unlawful possession and I certainly will not allow that on my properties.

Yes, I think a well crafted clause about properly securing any dangerous items on property can only benefit or protect the landlord. I just wanted to be a resource for anyone looking for a range of options: full prohibition, restricted items, banned weapons onsite.
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