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2008-06-27 09:37:57
Mekstizzle
WALKER
+3,611|7043|London, England

CoronadoSEAL wrote:

i swore there was a clause restricting such a thing even in a signed lease...but i couldn't find anything hence the thread. 

thanks for the input!

and off the record: i will still have mah gunz in the house.  they all have trigger locks, so i don't see what the big deal is.
There is no big deal, they just don't want guns. You signed the contract, you didn't have to. You're the one starting the big deal with your constitution stuff!

Guns are small and easy to hide, only a fool would get caught.
2008-06-27 11:31:06
IRONCHEF
Member
+385|6913|Northern California
If you owned the property, you could keep weapons there.  However, even if you did have weapons, locked in a safe or something, there's no way he'd know until you showed him since he has no right to search for them or command you to open your safe.  Also, if you used said weapons (home defense, etc), his lease agreement would not infringe upon your separate rights to use such weaponry.  And to be frank, I'm not sure what penalties beyond voiding your lease, there would be if he found out.  He can't exactly sue you or exact any punitive damages against your for owning.  There's no actual law he could apply to you if you had a gun that he found out about.

So yeah, he could kick you out at the most.  Big woop.

ALso, you should reference relative landlord/tenant law (section 1954 +/- of CA civil code) since I am not a lawyer and you are ultimately responsible for your choices.  Many contractual things landlords impose upon you (like volunteering your deposit for late rent..which is not lawful) do not have any merit.  While the firearm condition may be a lawful imposition, penalties likely do not extend beyond breaking the lease and booting you from the property.  Law enforcement and CA penal code do not have any provisions for such landlord/tenant law so you are not in danger of arrest or other such problems as I stated above.  Not to mention the time and money he'd have to spend getting a court order for a search (by a sheriff) to find out if you're violating his lease...then if you are found violating the lease..you got another good 30 to 60 days to dispute it, and then he'd have to refile for the eviction notice which gives you even more time..months, since the county sheriff's in most areas of this state are so over-tasked with foreclosure service that they'd never get to you.  Tenants have many, many rights most idiot landlords don't know about...all the while, you'll be able to protect yourself in your legal dwelling (wherever you rest your head, castle doctrine and other laws apply to protect you..even if you're not paying rent).

Last edited by IRONCHEF (2008-06-27 11:38:32)

2008-06-27 12:25:07
Bertster7
Confused Pothead
+1,101|7003|SE London

IRONCHEF wrote:

If you owned the property, you could keep weapons there.  However, even if you did have weapons, locked in a safe or something, there's no way he'd know until you showed him since he has no right to search for them or command you to open your safe.  Also, if you used said weapons (home defense, etc), his lease agreement would not infringe upon your separate rights to use such weaponry.  And to be frank, I'm not sure what penalties beyond voiding your lease, there would be if he found out.  He can't exactly sue you or exact any punitive damages against your for owning.  There's no actual law he could apply to you if you had a gun that he found out about.

So yeah, he could kick you out at the most.  Big woop.
Of course he could sue you and exact punitive damages against you.

It's a fundamental breach of contract. The contract states terms (which are perfectly legal, valid and well within the landlords right to impose) that would explicitly be broken by keeping guns in the house. He could sue and would win. How much he would win if he sued is anyones guess though. It'd all come down to what the judge considered to be the potential damage - for which estimations could vary wildly.

Last edited by Bertster7 (2008-06-27 12:29:34)

2008-06-27 12:43:02
IRONCHEF
Member
+385|6913|Northern California
What grounds can he sue on that would not get thrown out in court?  He violated the lease by having firearms..i need $1 in punitive damages?  -tossed

The only outcome would be dissolving of the lease..period.  Same thing applies for dogs, smokers, extra tenants, caught subleasing, etc.  Also, in California, if a lease includes punitive damages for legal fees if a tenant sues the landlord for lease violations, the damages cannot be awarded..requiring the lanlord to eat his own legal fees.
2008-06-27 12:48:08
Bertster7
Confused Pothead
+1,101|7003|SE London

IRONCHEF wrote:

What grounds can he sue on that would not get thrown out in court?  He violated the lease by having firearms..i need $1 in punitive damages?  -tossed

The only outcome would be dissolving of the lease..period.  Same thing applies for dogs, smokers, extra tenants, caught subleasing, etc.  Also, in California, if a lease includes punitive damages for legal fees if a tenant sues the landlord for lease violations, the damages cannot be awarded..requiring the lanlord to eat his own legal fees.
What grounds? Loads.

You couldn't sue for anything like a million (although that would depend on the judge and how good your lawyer was), but you could certainly sue for damages and would be likely to win.
2008-06-27 15:03:14
Marinejuana
local
+415|7007|Seattle

Mek-Stizzle wrote:

There is no big deal, they just don't want guns. You signed the contract, you didn't have to. You're the one starting the big deal with your constitution stuff!

Guns are small and easy to hide, only a fool would get caught.
lol, uh oh! a little alarm just went off at MI5 headquarters!!!
2008-06-27 15:32:12
IRONCHEF
Member
+385|6913|Northern California

Bertster7 wrote:

IRONCHEF wrote:

What grounds can he sue on that would not get thrown out in court?  He violated the lease by having firearms..i need $1 in punitive damages?  -tossed

The only outcome would be dissolving of the lease..period.  Same thing applies for dogs, smokers, extra tenants, caught subleasing, etc.  Also, in California, if a lease includes punitive damages for legal fees if a tenant sues the landlord for lease violations, the damages cannot be awarded..requiring the lanlord to eat his own legal fees.
What grounds? Loads.

You couldn't sue for anything like a million (although that would depend on the judge and how good your lawyer was), but you could certainly sue for damages and would be likely to win.
Damages are limited to the lease...which can't list any since there's no laws protecting such an unconstitutional restriction.   Any conjured damages would have to be substantiated...and frankly, I can't think of one.  "I was afraid the gun would go off and I need $10,000 for my nerves which are in retreat"???  Please think of some, and feel free to sight any CA case law or otherwise lawful precedents.

 

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