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Re: Apartment Lease Contract Handgun Addendum

Posted: Fri Sep 14, 2018 7:30 pm
by proudpirate
This is the addendum the office used. They check marked Option 1 and Option 2 on the addendum. What do y'all think?

Re: Apartment Lease Contract Handgun Addendum

Posted: Fri Sep 14, 2018 11:24 pm
by Vol Texan
thenick_ttu wrote:
Fri Sep 14, 2018 2:11 pm
Soccerdad1995 wrote:
Fri Sep 14, 2018 1:55 pm
Since it was written notice, the wording needed to match the wording in 30.06 and 30.07 exactly, I believe.
Additionally, it must be in both English and Spanish.
This is not true. If it is on a posted sign, it must be in both languages, but a written communication handed to you (as this one was) does not stipulate the Spanish requirement.

***************************************************************************************************************************************************
(3) “Written communication” means:
(A) a card or other document on which is written language identical to the following: (-snip-);

or <<<<< this 'or' is important

(B) a sign posted on the property that: (i) includes the language described by Paragraph (A) in both English and Spanish;

***************************************************************************************************************************************************

Re: Apartment Lease Contract Handgun Addendum

Posted: Fri Sep 14, 2018 11:25 pm
by Vol Texan
proudpirate wrote:
Fri Sep 14, 2018 7:30 pm
This is the addendum the office used. They check marked Option 1 and Option 2 on the addendum. What do y'all think?
Looks valid to me. Carry only to and from your apartment and vehicle, it seems.

Re: Apartment Lease Contract Handgun Addendum

Posted: Sat Sep 15, 2018 2:41 am
by Grundy1133
Vol Texan wrote:
Fri Sep 14, 2018 11:25 pm
proudpirate wrote:
Fri Sep 14, 2018 7:30 pm
This is the addendum the office used. They check marked Option 1 and Option 2 on the addendum. What do y'all think?
Looks valid to me. Carry only to and from your apartment and vehicle, it seems.
yeah... but who's to say when you are or arent going to and from your car, eh? lol. i'd be looking for a new apartment complex. or maybe a rent house... i hate apartments... the first and hopefully last time i lived in an apartment, our downstairs neighbors smoked pot and used the batherooms ventilation to get rid of the smell but all it did was push it up into our apartment. called the cops on em once becuase the smell was so strong. walked into the apartment one night after a date with the gf and it just hit us immediately. strong smell of weed. when the cop got there he said he could smell it but couldnt do anything about it without "probable cause" man i was livid... what more probable cause do you need? you can search my apartment and you wont find weed which means the only other logical explination is that they have it downstairs since ya know... heat rises... honestly i think the officer just didn't care... he said he didnt smell it when he sniffed their windows and front door. and i tried to explain that the bathrooms are in the middle of the apartment and if they keep it contained to that one room he wasnt going to smell it... sorry kind of went on a rant... but yeah I'd find a new place to live honestly... I wouldn't renew and start looking for a place.

Re: Apartment Lease Contract Handgun Addendum

Posted: Sat Sep 15, 2018 5:24 pm
by Oak Threeper
RoyGBiv wrote:
Fri Sep 14, 2018 6:54 pm
When someone pushes a contract in front of me that I don't want to sign, I simply sign "Declined" in cursive and shuffle it in with the other papers.

Same with contracts that expect me to waive negligence.
I like this but there's the risk they notice. Although you wouldn't be any worse off than overtly refusing to sign.

Re: Apartment Lease Contract Handgun Addendum

Posted: Sun Sep 16, 2018 3:20 pm
by SewTexas
you can do what the others say...

I guess it boils down to where you want to carry other that to and from your car? if it's just to your mailbox....don't worry about it, carry.

so your options are

1. sign and deal with it, a) carry and go on with life b) worry about when and where you're carrying, but really, aren't you always "on your way home"

2. don't sign, and move.

Re: Apartment Lease Contract Handgun Addendum

Posted: Sun Sep 16, 2018 4:30 pm
by ScottDLS
thenick_ttu wrote:
Fri Sep 14, 2018 2:11 pm
Soccerdad1995 wrote:
Fri Sep 14, 2018 1:55 pm
Since it was written notice, the wording needed to match the wording in 30.06 and 30.07 exactly, I believe.
Additionally, it must be in both English and Spanish.
Only for the signs. Written notice only has to be in English.

Re: Apartment Lease Contract Handgun Addendum

Posted: Sun Sep 16, 2018 6:22 pm
by PriestTheRunner
You could strike it when you sign the lease and initial the strikeout. If they don't object then kudos to you.

Most the time they don't even read what they get back.

Re: Apartment Lease Contract Handgun Addendum

Posted: Sun Sep 16, 2018 6:27 pm
by ScottDLS
But but but Texas is the world capital of property owners’ rights dating back to like Davey Crockett and the Alamo and stuff. Are YOU willing to take the proverbial “ride”? :smilelol5:

Re: Apartment Lease Contract Handgun Addendum

Posted: Mon Sep 17, 2018 7:41 am
by RoyGBiv
Join a local group and become "Volunteer emergency services personnel".

https://www.texaschlforum.com/viewtopic.php?f=7&t=89090

https://capitol.texas.gov/tlodocs/85R/b ... 00435F.htm
SECTION 8. Section 30.06, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
SECTION 9. Section 30.07, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.

Re: Apartment Lease Contract Handgun Addendum

Posted: Mon Sep 17, 2018 9:23 am
by KLB
Soccerdad1995 wrote:
Fri Sep 14, 2018 5:04 pm
That's a good point.
Not really. While it's unlikely you'll be challenged if concealed, the less you push it, the less likely a challenge is. And say rambunctious kids running around bump into you and discover your gun. The more reasonable you are in interpreting the from-vehicle-to-apartment-and -back limitation, the more likely you succeed in relying on it.

It would not grieve me personally to divert from a direct path to ppick up mail, depending on how much diversion, but I wouldn't push it farther than that myself.

Re: Apartment Lease Contract Handgun Addendum

Posted: Mon Sep 17, 2018 10:18 am
by E10
rotor wrote:
Fri Sep 14, 2018 4:21 pm
...has anyone ever seen an insurance policy that requires it?
Our business has been covered by general liability insurance since we opened our doors in 1994 (so, for the complete duration of Texas' CHL/LTC laws), under successive policies as we shopped around for better coverage/rates. No policy has ever had any reference to allowing or forbidding the carrying of handguns, whether by employees or customers. Also, we've always rented commercial property and no landlord (including, interestingly, the University of Texas System Board of Regents) has placed any such restriction in the lease agreement. I don't know about anyone else, but in my experience it's never been a consideration.

Re: Apartment Lease Contract Handgun Addendum

Posted: Mon Sep 17, 2018 10:23 am
by rotor
E10 wrote:
Mon Sep 17, 2018 10:18 am
rotor wrote:
Fri Sep 14, 2018 4:21 pm
...has anyone ever seen an insurance policy that requires it?
Our business has been covered by general liability insurance since we opened our doors in 1994 (so, for the complete duration of Texas' CHL/LTC laws), under successive policies as we shopped around for better coverage/rates. No policy has ever had any reference to allowing or forbidding the carrying of handguns, whether by employees or customers. Also, we've always rented commercial property and no landlord (including, interestingly, the University of Texas System Board of Regents) has placed any such restriction in the lease agreement. I don't know about anyone else, but in my experience it's never been a consideration.
My experience is the same but this seems to be a "handy" excuse that is used.

Re: Apartment Lease Contract Handgun Addendum

Posted: Mon Sep 17, 2018 1:56 pm
by Soccerdad1995
RoyGBiv wrote:
Mon Sep 17, 2018 7:41 am
Join a local group and become "Volunteer emergency services personnel".

https://www.texaschlforum.com/viewtopic.php?f=7&t=89090

https://capitol.texas.gov/tlodocs/85R/b ... 00435F.htm
SECTION 8. Section 30.06, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
SECTION 9. Section 30.07, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
:iagree: with the advice, but I think we should also point out that you do not need to join any group to meet the definition of a VESP.

Re: Apartment Lease Contract Handgun Addendum

Posted: Mon Sep 17, 2018 2:04 pm
by Soccerdad1995
proudpirate wrote:
Fri Sep 14, 2018 7:30 pm
This is the addendum the office used. They check marked Option 1 and Option 2 on the addendum. What do y'all think?
IANAL, but I see what appears to be valid 30.06 and 30.07 wording included along with other wording that amends the required 30.06 / 30.07 wording. If you take only part of each clause and ignore the other part, then it would be valid, but can you just ignore the other part of these written statements? Especially since those other, non-compliant words change the meaning of the required wording?

If I put up a sign that says "No Trespassing. Psyche, just kidding". Is that a valid trespass warning since the words "No Trespassing" are in there albeit alongside other words that change their very meaning?

As noted above, VESP's are exempted, you are also possibly exempted unless it can be proven that you were not going between your apartment and your vehicle, etc. Worst case, you are looking at a potential $200 fine.