Texas Renters' Rights

[Rafe]

I thought this was simple question when I was asked, but now I'm not so sure.

Can apartments in Texas treat gun owners as a class of people that they can refuse to rent to? Can they evict if there is a "no guns" policy in the lease?

I remember discussions here about hotels, and that while a no-guns policy could apply to the common areas, that it couldn't apply to your room or travel directly to/from the room. I thought it would be the same for leased domiciles. Am I wrong?

I have a friend from Oklahoma who's looking to relocate near the Houston energy corridor for work. He was down last week looking at apartments. He knows I shoot and have an LTC, and he called me yesterday about a blank lease he'd picked up from a promising apartment complex in Katy. There is a very clearly worded no guns whatsoever policy clause in the lease. He asked me if that was legal in Texas. I started to answer, and then told him I honestly didn't know.

I found this sample lease agreement from the Texas Apartment Association, and it has a clause that I would consider reasonable:

11.1. Prohibited Conduct. You, your occupants, and your
guests will not engage in unlawful, discourteous or
unreasonable behavior including, but not limited to, any of
the following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;

Any of your sharp legal minds familiar with this apartment business? Can they keep you out because you legally own a firearm?

[puma guy]

I thought this was simple question when I was asked, but now I'm not so sure.

Can apartments in Texas treat gun owners as a class of people that they can refuse to rent to? Can they evict if there is a "no guns" policy in the lease?

I remember discussions here about hotels, and that while a no-guns policy could apply to the common areas, that it couldn't apply to your room or travel directly to/from the room. I thought it would be the same for leased domiciles. Am I wrong?

I have a friend from Oklahoma who's looking to relocate near the Houston energy corridor for work. He was down last week looking at apartments. He knows I shoot and have an LTC, and he called me yesterday about a blank lease he'd picked up from a promising apartment complex in Katy. There is a very clearly worded no guns whatsoever policy clause in the lease. He asked me if that was legal in Texas. I started to answer, and then told him I honestly didn't know.

I found this sample lease agreement from the Texas Apartment Association, and it has a clause that I would consider reasonable:

11.1. Prohibited Conduct. You, your occupants, and your
guests will not engage in unlawful, discourteous or
unreasonable behavior including, but not limited to, any of
the following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;

Any of your sharp legal minds familiar with this apartment business? Can they keep you out because you legally own a firearm?

I'm no lawyer, but I would think a landlord wouldn't be prohibited from putting a no guns clause in their lease. Second Amendment rights do not create a protected class as far as I know. I rented a house many years ago and the lady had some weird compliance clauses in the lease. Only single ply toilet paper, no smoking and the weirdest was no leaning against the tiled bathtub walls. I am a landlord and have only a pretty standard lease for my tenants.

[Tex1961]

Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the tenant's manufactured home;
(2) in a vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's manufactured home;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or tenants' guests.

[Rafe]

Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the tenant's manufactured home;
(2) in a vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's manufactured home;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or tenants' guests.

Does that apply only to mobile homes and such? Not apartments, condos, or standalone houses?

Sec. 94.001. (3) "Manufactured home" has the meaning assigned by Section 1201.003, Occupations Code.
Sec. 1201.003. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home.

[ScottDLS]

I thought this was simple question when I was asked, but now I'm not so sure.

Can apartments in Texas treat gun owners as a class of people that they can refuse to rent to? Can they evict if there is a "no guns" policy in the lease?

I remember discussions here about hotels, and that while a no-guns policy could apply to the common areas, that it couldn't apply to your room or travel directly to/from the room. I thought it would be the same for leased domiciles. Am I wrong?

I have a friend from Oklahoma who's looking to relocate near the Houston energy corridor for work. He was down last week looking at apartments. He knows I shoot and have an LTC, and he called me yesterday about a blank lease he'd picked up from a promising apartment complex in Katy. There is a very clearly worded no guns whatsoever policy clause in the lease. He asked me if that was legal in Texas. I started to answer, and then told him I honestly didn't know.

I found this sample lease agreement from the Texas Apartment Association, and it has a clause that I would consider reasonable:

11.1. Prohibited Conduct. You, your occupants, and your
guests will not engage in unlawful, discourteous or
unreasonable behavior including, but not limited to, any of
the following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;

Any of your sharp legal minds familiar with this apartment business? Can they keep you out because you legally own a firearm?

Nothing in that TAA lease above prohibits keeping legal firearms. Maybe he was mistaking some of the language or his lease differed. Regardless as posted previously, there is a state law that nullifies that provision. Having been a renter and more recently a landlord, I can tell you I really put no faith in all these boilerplate lease provisions. It's hard enough to evict someone that isn't paying their rent or violating other much more reasonable lease provisions. My point of view is "how are they going to find out, and what are they going to do about it?".

[Rafe]

Wait! I (duh) hadn't even thought of searching the statutes for the keywords "apartment" and "firearm." Thanks, Tex1961!

PROPERTY CODE
TITLE 8. LANDLORD AND TENANT
CHAPTER 92. RESIDENTIAL TENANCIES

Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:

(1) in the tenant's rental unit;
(2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's rental unit;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests.

Added by Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 6, eff. September 1, 2019.

Unless I'm missing some other laws in some other Texas statutes, this seems pretty clear. (And makes me feel just slightly less stupid for having an initial reaction of, "No; that can't be in the lease").

Some I'm now guessing that the Katy apartment is owned by some out-of-state conglomerate and that they've either never been challenged over their lease agreement or, probably more likely, that when anyone notices the clause and says they won't sign unless it's struck out, the leasing manager gets to act all accommodating by agreeing to the demand.

I assume it isn't actually illegal for them to have that clause in the lease, that it's simply unenforceable under Texas law.

I've already given my buddy in OK the link to this thread. It'll be interesting if he likes the apartment enough to challenge them over it.

[Tex1961]

Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the tenant's manufactured home;
(2) in a vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's manufactured home;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or tenants' guests.

Does that apply only to mobile homes and such? Not apartments, condos, or standalone houses?

Sec. 94.001. (3) "Manufactured home" has the meaning assigned by Section 1201.003, Occupations Code.
Sec. 1201.003. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home.

It applies to any and all lease properties. Apartments, condos, mobile homes, etc. purely and simply, you CANNOT restrict a tenant or tenant’s guests from having firearms. The only thing a landlord may restrict is some common areas such as fitness facilities, or other common spaces.

[RoyGBiv]

I believe it was the 2017 session that passed a law prohibiting owners from restricting guns on many kinds of leases and condos...

If you look at 30.06, you can get a feel..

https://codes.findlaw.com/tx/penal-code ... ect-30-06/

(e-1) It is a defense to prosecution under this section that:

(1) the license holder is:

(A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code;

(B) an owner of a condominium unit governed by Chapter 82, Property Code;

(C) a tenant or guest of an owner described by Paragraph (A) or (B);  or

(D) a guest of a tenant of an owner described by Paragraph (A) or (B);  and

(2) the license holder:

(A) carries or stores a handgun in the condominium apartment or unit owner's apartment or unit;

(B) carries a handgun directly en route to or from the condominium apartment or unit owner's apartment or unit;

(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for residents or guests of the condominium property;  or

(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for residents or guests of the condominium property.

(e-2) It is a defense to prosecution under this section that:

(1) the license holder is a tenant of a leased premises governed by Chapter 92, Property Code, or the tenant's guest;  and

(2) the license holder:

(A) carries or stores a handgun in the tenant's rental unit;

(B) carries a handgun directly en route to or from the tenant's rental unit;

(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises;  or

(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises.

(e-3) It is a defense to prosecution under this section that:

(1) the license holder is a tenant of a manufactured home lot governed by Chapter 94, Property Code, or the tenant's guest;  and

(2) the license holder:

(A) carries or stores a handgun in the tenant's manufactured home;

(B) carries a handgun directly en route to or from the tenant's manufactured home;

(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises;  or

(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises.

30.05 has similar provisions for unlicensed tenants and condo owners..

https://codes.findlaw.com/tx/penal-code ... ect-30-05/

(f-2) It is a defense to prosecution under this section that:

(1) the basis on which entry on a leased premises governed by Chapter 92, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden;

(2) the actor is a tenant of the leased premises or the tenant's guest;

(3) the actor:

(A) carries or stores a firearm or firearm ammunition in the tenant's rental unit;

(B) carries a firearm or firearm ammunition directly en route to or from the tenant's rental unit;

(C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises;  or

(D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises;  and

(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition.

(f-3) It is a defense to prosecution under this section that:

(1) the basis on which entry on a leased premises governed by Chapter 94, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden;

(2) the actor is a tenant of a manufactured home lot or the tenant's guest;

(3) the actor:

(A) carries or stores a firearm or firearm ammunition in the tenant's manufactured home;

(B) carries a firearm or firearm ammunition directly en route to or from the tenant's manufactured home;

(C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises;  or

(D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises;  and

(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition.

[Tex1961]

Wait! I (duh) hadn't even thought of searching the statutes for the keywords "apartment" and "firearm." Thanks, Tex1961!

PROPERTY CODE
TITLE 8. LANDLORD AND TENANT
CHAPTER 92. RESIDENTIAL TENANCIES

Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:

(1) in the tenant's rental unit;
(2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to:
(A) enter or exit the tenant's rental unit;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests.

Added by Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 6, eff. September 1, 2019.

Unless I'm missing some other laws in some other Texas statutes, this seems pretty clear. (And makes me feel just slightly less stupid for having an initial reaction of, "No; that can't be in the lease").

Some I'm now guessing that the Katy apartment is owned by some out-of-state conglomerate and that they've either never been challenged over their lease agreement or, probably more likely, that when anyone notices the clause and says they won't sign unless it's struck out, the leasing manager gets to act all accommodating by agreeing to the demand.

I assume it isn't actually illegal for them to have that clause in the lease, that it's simply unenforceable under Texas law.

I've already given my buddy in OK the link to this thread. It'll be interesting if he likes the apartment enough to challenge them over it.

You nailed it. Just because it’s in a lease/contract does not mean it’s enforceable.

[Rafe]

Nothing in that TAA lease above prohibits keeping legal firearms. Maybe he was mistaking some of the language or his lease differed. Regardless as posted previously, there is a state law that nullifies that provision. Having been a renter and more recently a landlord, I can tell you I really put no faith in all these boilerplate lease provisions. It's hard enough to evict someone that isn't paying their rent or violating other much more reasonable lease provisions. My point of view is "how are they going to find out, and what are they going to do about it?".

Yep; I think the TAA sample lease looks fine. But what he read me over the phone was not that language at all. More like something that came out of California.

I found essentially the same language as Tex1961 posted, but for the section expressly about leased premises, including apartments. I think that seals the deal. We'll see.

As to "how are they going to find out," I know if I moved into an apartment it could be just a tiny bit obvious. I think all those leases have "right to enter" clauses, understandably so, and it might be indication that I had two gun safes, a couple dozen stacked ammo cans, probably 50 spare AR-15 and AR-10 magazines, a dozen holsters, five long-gun cases, two range bags, a stack of targets and a big cardboard roll of paper IDPA targets, a 7-foot metal shelving unit full of cleaning supplies, wrenches and screwdrivers and AR-15 tools, spare parts, scope mounting and leveling kits, a gun vise, range bench rest, spotting scope...

[Rafe]

I believe it was the 2017 session that passed a law prohibiting owners from restricting guns on many kinds of leases and condos...

Looks like 2019, but same thing. Thanks for the additional penal code Section 30 mentions. Just to put a summary of links here (rather than emailing my Okie buddy; when he relocates to Houston he needs to join the forum ):

Texas Property Code; Chapter 92; Residential Tenancies; Sec. 92.026. Possession of Firearms or Firearm Ammunition on Leased Premises: https://statutes.capitol.texas.gov/Docs ... htm#92.026

Texas Penal Code; Title 7. Offenses Against Property; Chapter 30. Burglary and Criminal Trespass; Sec. 30.05. Criminal Trespass: https://statutes.capitol.texas.gov/Docs ... .htm#30.05 Search for "apartment"

Texas Penal Code; Title 7. Offenses Against Property; Chapter 30. Burglary and Criminal Trespass; Sec. 30.06. Trespass by License Holder with a Concealed Handgun: https://statutes.capitol.texas.gov/Docs ... .htm#30.05 Search for "apartment"

[The Annoyed Man]

I thought this was simple question when I was asked, but now I'm not so sure.

Can apartments in Texas treat gun owners as a class of people that they can refuse to rent to? Can they evict if there is a "no guns" policy in the lease?

I remember discussions here about hotels, and that while a no-guns policy could apply to the common areas, that it couldn't apply to your room or travel directly to/from the room. I thought it would be the same for leased domiciles. Am I wrong?

I have a friend from Oklahoma who's looking to relocate near the Houston energy corridor for work. He was down last week looking at apartments. He knows I shoot and have an LTC, and he called me yesterday about a blank lease he'd picked up from a promising apartment complex in Katy. There is a very clearly worded no guns whatsoever policy clause in the lease. He asked me if that was legal in Texas. I started to answer, and then told him I honestly didn't know.

I found this sample lease agreement from the Texas Apartment Association, and it has a clause that I would consider reasonable:

11.1. Prohibited Conduct. You, your occupants, and your
guests will not engage in unlawful, discourteous or
unreasonable behavior including, but not limited to, any of
the following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;

Any of your sharp legal minds familiar with this apartment business? Can they keep you out because you legally own a firearm?

I’m not a sharp legal mind, but this seems pretty straightforward boilerplate to me. It doesn’t say "no guns". It says:

1. You can't possess a weapon if either it (or you) are prohibited by state law.
2. You can’t yell yeehaw and shoot your gun into the air on the 4th of July or other celebratory occasions.
3. Unless the law allows it, you can't display a gun in the common area in a manner to cause alarm. (That would necessarily include defense of self or others as lawful reason to display a gun.)

So… you can’t be a prohibited person in possession of a firearm. You can’t possess a firearm that is for some reason illegal in Texas. You can’t unlawfully display or fire a firearm in a manner to alarm someone…unless it’s really necessary to do so.

I think that #2 is probably intended to discourage open carry in the common areas, without actually posting 30.07. Your Oklahoma friend probably has nothing to worry about, as long as he’s willing to conceal in the common areas.

[Rafe]

I’m not a sharp legal mind, but this seems pretty straightforward boilerplate to me. It doesn’t say "no guns". It says:

Yep. That was the Texas Apartment Association example lease I found online after my buddy asked me the question and read me the clause in the lease he'd been given. The TAA boilerplate looked completely acceptable to me. The language in the one my friend had was definitely not taken from the TAA example. I checked the the TAA and the Houston Apartment Association just to see if they did have any no-gun stuff in their language. Nope.

Just for grins, I'll ask my bud to send me the text of that lease he was given. Won't mention the name of the apartment complex in Katy, though. But it'd be worth posting it here since the language is in the lease and is not enforceable in Texas.

[oohrah]

"It'll be interesting if he likes the apartment enough to challenge them over it."

IMHO, if you really like the apartment, sign the lease, say nothing and keep a copy of 92.026 handy. Nobody will ever know anyway. (unless he does something stupid)

[puma guy]

Well, I certainly learned something new from this thread. I would never even think about banning firearms for a tenant in my rent house, but it's good to know the legislature had the foresight to include prohibitions for doing so.