Rental Agency REQUIRING disclosure of gun ownership

Discussion in 'Legal & Political Archive' started by Blue Devil PA, Nov 11, 2011.

  1. Blue Devil PA

    Blue Devil PA
    Boise
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    Has anyone else come across this?
    Our rental agency has a section of their rental agreement that asks a specific question regarding dangerous weapons (including firearms of any type). I told my wife that it was none of their damn business and thought the matter was closed. My helpful wife went ahead, while I was not there and volunteered my gun information (thankfully not complete).

    I am furious, both for the company asking and my wife blithely giving up a information regarding my guns.

    If she would have lied (which she won't), we could have been evicted if they found guns (unlikely).

    Now this company has a record (in addition to everything else) that I am a) a gun owner and b) a rough idea of what type of guns are stored in my house.
     
  2. deen_ad

    deen_ad
    Vancouver, WA
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    Next it'll be the DR's asking about weapons in your home due to the "health risk"

    OH WAIT, they already are!!
     
  3. donMiguel

    donMiguel
    SouthKingWA
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    Private Property ==> Their house, their rules.

    Understand the desire to avoid leaving foot prints. Could be their insurance provider frowns on people moving in with the National Arsenal in tow.

    Assume they don't "require" quarterly updates... that would be excessive and intrusive.:paranoid:
     
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  4. deadeye

    deadeye
    Albany,OR.
    Moderator Staff Member

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    I would have used a different agency that does not put their nose in my personal property.
     
  5. jp1985

    jp1985
    Linn County, Oregon
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    Ditto!
     
  6. Hamilton Felix

    Hamilton Felix
    Marblemount, Washington
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    I did the landlord thing as a sideline for about 25 years (it eats up your time and you do not make money). I never dug all that deeply into the Landlord Tenant Law, only the parts I needed. I know there have been court cases over low income housing projects in cities having anti-gun policies. I don't think a landlord has the right to demand that information, but he does have the right to not rent to you. If you answer voluntarily then that's that. I know I always got signed permission for the background check. I've never regretted doing a background check, but I've certainly regretted not doing one. Generally, financial and criminal background check gives a landlord about all he needs to know - though a candid conversation with the former landlord can sometimes be a big help.

    I'd have considered that question on a rental application to be a red flag. I don't think I'd have answered it. You speak of a company, not an individual. Now many people in the company now know you have guns that are worth stealing? How many of them can get keys to your home? I'm not a lawyer, but I think you should ask one about this.
     
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  7. Blue Devil PA

    Blue Devil PA
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    We did try and use other agencies, but were at the end of a tight timeline. I have regrets over this issue and tried to explain this to my SO in a way that highlights the basic unconstitutionality of this question. She comes from a long line of second amendment challenged people, with no familial military background. At least she is tolerant of guns and recognizes their inherent value as investments and protection.
     
  8. Hamilton Felix

    Hamilton Felix
    Marblemount, Washington
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    I hear you. I'm SO very glad my wife (OK, she's my third, but it took a few decades for me to bump into the one perfect for me) is very much a believer in guns, knives and personal protection.
    She has a two year Criminal Justice degree, was a cop for a while, and manages the office for a small (2 attornies) law firm. I'll mention this to her. Maybe she can ask one of her bosses if there is any limit on what questions you are allowed to ask on an application. It's an interesting issue. Off the cuff, I tend to think you can ask about anything, but demand only limited info. But then, you can always refuse to rent to an applicant. But that's "Old Think." Today, there are many rules governing just why you may or may not refuse to rent, and I'm sure there are some sort of restrictions on what you can ask.
     
  9. pchewn

    pchewn
    Beaverton Oregon USA
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    If I understand the form, they are asking how many guns you currently have?

    I would sell my guns to a friend for $1, move them to his house, then sign the form saying "no guns", then buy the guns back after moving in. At the time of signing the form, you have no guns. You obtain them later and move them into your rental. All legal, no lying, no problem .... I assume that the form is not an agreement for you to notify them if you obtain guns in the future? (after signing the form).

    HOWEVER: If the form is saying "no guns allowed", then that is a different story and it is time to look for another rental.
     
  10. hermannr

    hermannr
    Okanogan Highlands
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    One thing everyone need to remember, as a non-governmental agency they can ask you anything they want

    HOWEVER:

    That does not mean you need to agree to any of those things.

    When you are presented with a contract that wants information that you do not wish to release, you take you pen and strike through the offending portion, and initial it. Then you take their copy and strike through the same line(s) and initial it. Then you have the agent for the property management company initial the crossouts. The offending part is no longer in the contract. No Carbon, write directly on both copies, thiers and yours.

    YOU DO NOT HAVE TO AGREE TO ALL OF THEIR TERMS!!!!!! BTW: be prepared to walk...you probably will not have to walk far in this economic environment. There are way more places available for rent then there are paying renters,

    This includes when they can "inspect" the property too, and anything and everything that goes along with an "inspection"
     
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  11. civilian75

    civilian75
    Hillsboro, OR
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    Since you will be likely looking again soon, next time fill out: NOYDB. Or, like other's said, just walk.
     
  12. Blue Devil PA

    Blue Devil PA
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    Thanks for everyone's advice. I will be in this house for one year and then (God willing) be buying somewhere a little more rural.
     
  13. Redcap

    Redcap
    Lewis County, WA
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    It is none of their darn business.
     
  14. Redcap

    Redcap
    Lewis County, WA
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    This.
     
  15. darkminstrel

    darkminstrel
    PDX
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    Itemising private possessions should never be in any rental clause. They're not leasing space to your jewelry, queen sized bed, or your underwear, so why should a gun matter? If there is a written record of the reporting of your guns I'd go in and ask for it to be stricken from any paperwork associated with you.
     
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  16. RVTECH

    RVTECH
    Wickiup Junction
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    My first question would be why guns? Why not knives? Or certain prescription medications. How about alcohol consumption? Why not how many times you have been married (or divorced) ? I just don't understand why guns would be at the forefront of their inquiry.
     
  17. Caleqs

    Caleqs
    Eugene, OR
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    I don't give it another thought when I come across nonsense like this. My answer is always, "No" or "None" and I move on. Wife is coached to do the same....oh, and the kids are too. =)
     
  18. Gunner3456

    Gunner3456
    Salem
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    I used to own some apartments and know some about landlord/tenant law. I don't know if the question is legal so I can't say.

    I do know that in Oregon a landlord can give you "reasonable notice" to come in and inspect HIS property. That's so he can look for excessive damage and equipment problems like plumbing leaks, etc.

    He CAN'T inspect your property. It's your home.

    I don't have any guns uh, tragic boating accident er, uh...
     
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  19. hermannr

    hermannr
    Okanogan Highlands
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    I would never lie on a legal document. However, I would modify the contract...I do not HAVE to agree to their lawyers terms.
     
  20. jbett98

    jbett98
    NW Oregon
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    I have rental properties and I have no problem with a renter owning guns. I took one of my renters and his ten year old out shooting at a friends farm.
    It was his sons first time and he learned the proper way to handle and clean a firearm.
    We all had great time. My friend has two hundred acres out in Sandy and he has set up a shooting range with metal silhouettes and gongs (makes it more fun than just punching paper.)
    As far as restrictions in a rental contract, the only one that I maintain is no pets.
    In thirty years of dealing with rental properties, animals have done more damage than everything else combined.
     

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