By: Steven M. Williams
I have been getting complaints about a particular resident who repeatedly shows others a gun that he carries on his hip. He does not seem to be threatening anyone but just seems to be boasting. Even though he has a permit to carry a concealed weapon, I don’t want him showing others that he has it. What can I do?
You have several options. First, since you own the property, you can tell him that he is not entitled to carry a weapon on it. You may need to remind him that since you are not a governmental entity, you are not limited by the Second Amendment and can restrict the possession of weapons in your community. Second, you can allow him to carry his gun, but require that he keep it concealed and not “brandish” it. Again, the Second Amendment does not apply to you since you are not the government. You may need to change your Rules and Regulations if you don’t already have an applicable rule in place. In an extreme case, you may have to evict if the resident refuses to abide by your Rules. You can also check with your local police. While your resident may be entitled to carry a concealed weapon, it may be a crime for him to reveal it in the absence of self-defense.
My tenants claim that since they own their homes, I have no right to enter upon the lots that they rent from me. Some have even threatened to report me to the police as a trespasser. There are times that I need to be on the lots, for example, to serve notices or conduct inspections. Please tell me that my tenants are not right.
When you lease property, whether it is a lot, a home or an apartment, you give up all rights to possess that property. Thus, you also give up all rights to enter upon the property. If you wish to maintain the right to enter upon the property, you must reserve that right in your lease. In your case, your lease states: “Landlord shall have the right to enter upon the property at reasonable times to conduct inspections, serve notices and ensure that Tenant is not conducting any improper activities on the property.” Thus, you have reserved the right to enter the lots in your community, and your tenants are wrong.