Ok People I got a teaser for you regarding personal rights - Page 3

rivrrat · 07-06-08, 01:04 AM

Quote:

Originally Posted by jallman

Actually, it's not here in California especially. Clearly there are exceptions when the place is a retirement community but in most cases, there is no way to legally discriminate based on age.

So using the term "retirement community" makes age discrimination okay?

RightinNYC · 07-06-08, 01:05 AM

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Originally Posted by jallman

You may evict but how do you get "sue"?

You could only sue if the person refused to leave or failed to pay rent during the eviction process.

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And how is a property owner going to discover a firearm in the house? He turns over ownership of the unit to the tenant and must abide by strict regulations about entering the unit without notification.

The same way a landlord would find out you have a dog in an apartment where no dogs are allowed - seeing it, hearing it, or having someone else tell him about it.

Quote:

I'm not buying that a suppression of a civil right is within the rights of the landlord and that it couldn't be quickly challenged in court. And I have never been asked about ownership of a firearm on a rental application. Leasing laws are much more complex than renting a hotel room and there are things that the landlord can and cannot do. Restricting civil rights within the occupied unit is one of them.

I think it highly unlikely that a court would hold that gun ownership trumps private property rights, especially considering they haven't even gone so far as to say states can't limit possession at places like schools, etc.

rathi · 07-06-08, 01:18 AM

The laws for landlords and tenants varies hugely depending on location in the U.S. The legal rights of each and what is considered enforceable in a contract are highly variable depending on the location. Overall, its extremely clear that the constitution does not provide any standing for having a gun on rented property. The constitution does not bar private individuals from banning guns on their property. However, in certain states it may be illegal to disallow a renter to have guns on the property. The legal basis comes from the state law, not the constitution.

jallman · 07-06-08, 01:19 AM

Quote:

Originally Posted by rathi

The laws for landlords and tenants varies hugely depending on location in the U.S. The legal rights of each and what is considered enforceable in a contract are highly variable depending on the location. Overall, its extremely clear that the constitution does not provide any standing for having a gun on rented property. The constitution does not bar private individuals from banning guns on their property. However, in certain states it may be illegal to disallow a renter to have guns on the property. The legal basis comes from the state law, not the constitution.

I can buy that argument.

Doc Howl · 07-06-08, 03:24 AM

Quote:

Originally Posted by jallman

Person B is overreaching private property rights because he is, supposedly, extending the domocile for rent and probably under the terms of a lease. The property, when leased, becomes the property of the new tenant which must only be returned in the same condition it was leased. Owning a gun, which is protected by the second amendment, isn't going to permanently alter the leased unit in any way like, say, painting or smoking. If the landlord could make an argument that merely owning the gun irrevocably alters the quality of the residence, then yeah, he could ban the gun. Otherwise, the rights afforded by the Constitution always trump the private property rights of the landlord. Otherwise, he could just not rent to black people, people with disabilities, and other prejudicial traits.

This is the correct answer.