Plano Apartment Restricts Concealed and Open

[DoubleStack]

The form is a lease addendum, it adds to the existing lease agreement. You do not have to agree to the terms and thus you do not have to sign it at this time.

 

[davidmcbeth]

I probably should've said "may contact the LL". Alas, I was going from memory after filling out one of these forms a while back with my own LL complaint.

If you wanted to contact the LL/owner ... do so with your newly written lease for them to sign indicating that guns will be provided by the LL and can be worn anywhere in any manner at their facility.

 

[rushcreek2]

Property management authority ( whoever that may be ) has sided with the point of view that people should not have to be exposed to other people exercising their constitutionally guaranteed rights.

This too...shall pass.

I've shared this before I know...but ...I think it will help us deal with some of this nonsensical hysteria regarding lawful open carry in Texas.

One of the delegates to the 1845 Texas Constitution Convention also took exception to open carry - actually he took exception to ANY CARRY. No.... his name wasn't Bloomberg. His name was Oglethree...I believe.

Anyway...he contended during discussions regarding the wording of protections for the right to keep and bear arms...that

" In a civilized society no man should have to go armed against his fellow citizens".

The response by other delegates went something like this:

"In a civilized society no man should be bound to stand defenseless in the face of an assassin either."

Anyway...the Texas Legislature has now formally exercised its constitutional power " to regulate the wearing of arms".

As of January 1, 2016 it is now LAWFUL for a duly licensed citizen to WEAR a belt or shoulder holstered handgun openly or concealed. THAT is now the LAW in Texas....and just like the Disarmament Act of 1871...folks are just going to have to adapt to it.

 

[Citizen]

Actually yes they can if they have given proper notice of non renewal of existing terms and conditions. Either one signs/accepts or vacates - doing neither puts one in the category of being a Tenant at Sufferance....and you would be subject to all expenses to recover said property.

"A tenant at sufferance is a person who has been in lawful possession of property but who wrongfully remains as a holdover after his right to possession has expired. See ICM Mortgage, 902 S.W.2d at 530; Black's Law Dictionary 1604 (9th ed. 2009)"
http://causeofactionelements.blogspot.com/2011/06/at-will-tenancy-and-holdover-tenants.html

Uh, you did notice the omission of that information in my post, right? And, um, you did notice that I wrote my thought about all they can do is cancel, i.e. "non-renewal", the month-to-month offer, right?

For general readers, the landlord never followed up with me, never cancelled the month-to-month. It was simply a sales tactic to try to scare month-to-month people into locking in for twelve months.

For the OPer, also consider what is missing from the letter--the way these sorts of companies discuss things they do have a legal right to do. Threats. Any letter I've ever gotten from a large-property landlord or management company included some threat about failure to comply. Fail to keep your balcony clean--threat of $50 fine added to your account. Fail to put your trash in the dumpster instead of beside it--$50 fine added to your account. My point is there is always a threat and a penalty expressly written in the text of the letter by one of these large-company landlords or management companies if they're exercising a legal right.

Bearing in mind that I have not read every post or followed every offered link, my guess is the most the OPer's landlord can do is create a "rule" for use of the property. Distinctly different from having legal authority to require the OPer to sign a lease-addendum mid-lease. And, especially require the OPer to waive a right and assume risk in the middle of a lease. I think this is just a tactic to get uninformed people who don't know their contract rights to sign an addendum. I think the OPer should definitely look into the legal angles in his state.

 

[HPmatt]

I noticed the Addendum is a TAA form - Texas Apt Assn - that is the legal/lobby group that represents a large % of small most multifamily apartment owners in Texas. Would expect to see that cropping up all over the place.


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[ICBM]

A few previous posts are correct. You have no requirement to sign this addendum to your current lease. They can make you sign it if you renew, idk about month-to-month leases in Texas and provisions in your lease for such. I know my lease makes me pay and extra $200 a month for it, and they can cancel with a 30 notice for me to vacate. But, your current term is safe.

If I were you, go ahead and open carry at their front office. Put out a nice comfy chair at the door and relax. Technically, you should be able to carry any type of weapon, with or without a permit, because it's private property that you have a legal right to be on contractually. They have no leverage or right to make you stop, if its not already in the lease.

 

[stealthyeliminator]

I think that courts have decided the common areas of apartment complexes do not count as "your premises" for the purpose of 46.02, so, he'd likely need the license. I'm not sure why one would advise to go to their office and pull up a chair OCing. Why agitate? Seems petty.

 

[davidmcbeth]

I think that courts have decided the common areas of apartment complexes do not count as "your premises" for the purpose of 46.02, so, he'd likely need the license. I'm not sure why one would advise to go to their office and pull up a chair OCing. Why agitate? Seems petty.

Still private property though, license irrelevant.

 

[Grapeshot]

Still private property though, license irrelevant.

A license is most relevant as it applies to your contracted/leased domicile, together with all additional rights and privileges. Think this a more a question of real estate law.

 

[Citizen]

A few previous posts are correct. You have no requirement to sign this addendum to your current lease. They can make you sign it if you renew, idk about month-to-month leases in Texas and provisions in your lease for such. I know my lease makes me pay and extra $200 a month for it, and they can cancel with a 30 notice for me to vacate. But, your current term is safe.

If I were you, go ahead and open carry at their front office. Put out a nice comfy chair at the door and relax. Technically, you should be able to carry any type of weapon, with or without a permit, because it's private property that you have a legal right to be on contractually. They have no leverage or right to make you stop, if its not already in the lease.

I would just check one little thing first. Plenty of these places seem to have lease clauses giving the property owner/manager the power to make rules about using the property and tenant conduct and that sort of thing--change the rules mid-lease--and binding the tenant to observe those rules. Pool hours are changed. No more informal football or soccer play in the big open space. New parking stickers must be displayed on the left side of the car's rear window. Etc., etc.

I'm thinking a review and evaluation of those lease clauses, if any, would be in order. I'm betting they cannot make the OPer sign the addendum, but I'm also betting they gave themselves elbow room in the rule-making clauses of the lease to forbid OC and CC. And, if such rule is not nullified by statute, then its open to debate, meaning costly litigation that could go against the OPer.

 

[Mike]

Nobody can be forced to sign lease addendums

Ignore the "request." As a lessee, you have the right to quiet enjoyment of your leased premises and associated common area - that's why there is a lease!

 

[notalawyer]

A few previous posts are correct. You have no requirement to sign this addendum to your current lease. They can make you sign it if you renew, idk about month-to-month leases in Texas and provisions in your lease for such. I know my lease makes me pay and extra $200 a month for it, and they can cancel with a 30 notice for me to vacate. But, your current term is safe.

If I were you, go ahead and open carry at their front office. Put out a nice comfy chair at the door and relax. Technically, you should be able to carry any type of weapon, with or without a permit, because it's private property that you have a legal right to be on contractually. They have no leverage or right to make you stop, if its not already in the lease.

WOW! That's some horrible advise, right there!

Still private property though, license irrelevant.

No. In Texas, only 'on your own premises' does not require a license.

 

[OC for ME]

Go ahead and sign it when it is time to renew your lease if you desire to remain a resident, or move to a new residence. The enforcement is primarily reliant upon residents. Do not patronize any of the community facilities unless laundry facilities are communal.

Do you have a balcony? A patio if on the ground floor? OC on "your property."

Para 5. Assumption of risk/waiver...too funny.

 

[davidmcbeth]

A hit and run poster ... zoom zoom zoom

 

[KBCraig]

If I were you, go ahead and open carry at their front office. Put out a nice comfy chair at the door and relax. Technically, you should be able to carry any type of weapon, with or without a permit, because it's private property that you have a legal right to be on contractually. They have no leverage or right to make you stop, if its not already in the lease.

If I were you, I'd read the Texas statutes.

"Private property that you have a legal right to be on contractually" is not part of the law. "Property that you own or control" is the law, and common areas of apartment complexes are neither of those things.