TX: Can you be evicted for having a gun in your apartment

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philip964
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TX: Can you be evicted for having a gun in your apartment

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Post by philip964 »

https://www.fox4news.com/news/aleah-wal ... h-shooting

Fort Worth woman is being evicted for having a gun in her subsidized apartment.
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carlson1
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Re: TX: Can you be evicted for having a gun in your apartment

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Post by carlson1 »

No you cannot. It will be an illegal eviction if they follow through.
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Tex1961
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Re: TX: Can you be evicted for having a gun in your apartment

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Post by Tex1961 »

There has been legal challenges in the past. And I know at least one federal judge has ruled that these types of housing units cannot restrict tenants from having a firearm in their apartments. And put on top of the 2019 Texas ruling that states property owners were not allowed to restrict tenants or their guest from having firearms in their rented or leased units, as well as the decision by the Supreme Court in the Bruen case pretty much sealed the deal that the federal government cannot restrict you from having a firearm in your home.
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C-dub
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Re: TX: Can you be evicted for having a gun in your apartment

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Post by C-dub »

Fox 4 covered this in a piece a couple days ago.
"So when the landlord in this case says we're going to evict you simply because you possessed a weapon inside your apartment, that's illegal and an unenforceable contract term. They cannot evict her in Texas for that," he said. "You can contract to do a lot of different things, in Texas especially. However, the gun ban issue is obviously not going to fly here. There's also some Fifth Court of Appeals cases of late in fact that say that self-defense from an unprovoked attack is not, under any circumstances, a breach of a lease."
https://www.fox4news.com/news/aleah-wal ... h-shooting
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RPBrown
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Re: TX: Can you be evicted for having a gun in your apartment

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Post by RPBrown »

Sad part is, they will make up a different reason after they lose the case
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Re: TX: Can you be evicted for having a gun in your apartment

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Post by Rafe »

To add some additional information, I got some helpful, detailed responses here last April with a related question: "Texas Renters' Rights": viewtopic.php?f=7&t=102361
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