Landlord Restricting Hand Guns

[jcrawford]

Hello Everyone,

I have a long list of people to call today which include the Attorney General and the Vermont Tenant Association but I wanted to post this up here so that anyone else in the area may avoid such things.

I am living at 940 Water Street in North Bennington Vermont. This is the old BCIC factory building that has been converted into apartments. With the nice weather coming around I had gone to the range to zero in my hunting rifle. The landlord happened to see me walking from my car to the building with the rifle and then said what's that? I told him my hunting rifle and he immediately stated you cannot have that here. That's when I said there is nothing in the lease that states firearms are prohibited nor are you allowed to put such a thing per VT law. He told me he wasn't worried about it and that he didn't think I was going to shoot up the building. However he didn't understand how he was to determine who could and could not have firearms. He's just not understanding that here in the states that's not his call. (He's from England).

I am currently residing in a 1 bedroom apartment where my lease states nothing about firearms. However I have been looking at moving into a 3 bedroom apartment and with that it would require a new lease. Well in this new lease the landlord is trying to say no hand guns allowed period and thinks he can do this because he can say no smoking or no pitt bulls. What he is not understanding is that in Vermont firearm ownership regardless of type is a basic right. Clearly on page 3 of the tenant / landlord handbook it states the landlord may put whatever they wish in the lease as long as it does not violate the tenants basic rights.

I have confirmed this with him through messaging.

He is under the impression that because his property is "private property" he can do as he wishes. I will find out today if he is within his legal rights or not. Either way I told him I will not sign the new lease without that clause being removed.

He has even gone as far as saying if I want to keep them here I have to store them in his storage units which are not climate controlled like my apartment is and I will not allow my firearms to be that far from my possession as I cannot check on them several times a day to make sure no theft occurred.

Finally here is a link to the property on Facebook should you need any more information to help you avoid these lease troubles.

https://www.facebook.com/pages/940-Water-Street/317951291871

 

[Grapeshot]

Would recommend that you at least get an initial consultation with a competent gun rights attorney.

The AG is likely going to tell you that office cannot give you legal advice.

The Tenant Association might be of some general help.

Because your landlord says it is so, doesn't make it true. He can claim anything, but that does not make it legal. IMO he doesn't have a leg to stand on, but you will need more ammo than my opinion will offer you.

 

[mark-in-texas]

1. Get him to put in another clause banning Muslims
2. Turn him in to ACLU.
3. While he's busy with them, he won't bother you!

 

[acmariner99]

Hit him with Vermont Statute Title 9 Ch 137 § 4463 (c) about illegal evictions.

No landlord may directly or indirectly deny a tenant access to and possession of the tenant's property, except through proper judicial process.

IANAL, but that tells me that the landlord cannot make you relinquish lawfully owned property as a condition of tenancy. Sounds like a bit of a stretch, because it could also mean that the landlord cannot simply make you leave without letting you retrieve your property first.

 

[skidmark]

Welcome to OCDO. Would you mind sharing what brought you here seeking information/advice?

I'm feling particularly frisky this AM.

If you are looking at moving into another apartment in the same building be sure to get a written statement of why you were rejected. (Be sure to let your leases overlap so you do not find yourself homeless during the process. Check your lease for a release of liquidated damages if yu move into a larger unit.)

Let the manager (landlord is the actual owner of the property) try to evict you. Show up for every court hearing and explain to the judge that what the guy is trying to do is illegal. In the alternative, take the manager/landlord to court for vilation of the lease. Ask the court for permission to escrow your rent until the matter is resolved.

Go to the Tenant Association rather than the ACLU. The former is set up to help you and the latter historically hates the Second Amendment. Any attorney you consult should specialize in tenant rights, not gun rights.

Be polite. Keep notes of everybody you talk with, when you talked with them, and what was said. If VT is a one-party state use a digital voice recorder. Regardless, send an email to the person you talked to outlining your understanding of what the conversation was about and what the end result of the conversation was. Include any agreements to do anythig/stop doing anything. State any matters that remained unresolved after the conversation/meeting. Four basic paragraphs; no need to use legalese.

stay safe.