Oregon Renter Question

[RicInOR]

I am not asking for legal advice - other than what I already gave which is talk with your lawyer.

What I would like to get are suggested questions - for insurance agent, and lawyer.
And if there are already resources --example rental agreement templates that address this.

Situation.
My friend has a couple of rooms in their home that are renting. They include a common area (kitchen)
- not separate apartment.
One of the potential tenants inquired about firearms.

Clearly - legal possession, & Concealed means concealed.

What should they be thinking / asking about?
How to address the common area?

Location.
Oregon, Washington County, Beaverton.



TIA

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[User 1234]

As a practical, non legal question, what was the question "about firearms"? Is the tenant asking if they can bring guns into their room? Asking whether any guns are present in the house?

 

[solv3nt]

I believe that if you're barred from opening firearms, you aren't allowed to live in a place that has them. I haven't personally confirmed this since I'm legally allowed and have far too many.

 

[gunnails]

II would require the renter to procure a renters insurance policy and have the land lord/lessor named as an additional insured.
I would ask for this regardless of the issue of firearms.

Edit: As far as the common areas and the renters use of them. This should be spelled out in the renters agreement. It would be worth spending $500 or so to have a lawyer write up a contract.

 

[solv3nt]

II would require the renter to procure a renters insurance policy and have the land lord/lessor named as an additional insured.
I would ask for this regardless of the issue of firearms.

The renter policy is only for the renters crap.

 

[User 1234]

A renter's policy can name the owner as an AI for many perils.

 

[gunnails]

The renter policy is only for the renters crap.

======================================

My experience is in commercial rentals and all of our renters have us named as an additional insured.
I would insist on this.

 

[bbbass]

Am I the only one confused as to what info is being asked for???

 

[2A2Dend]

@RicInOR
My guess, you (or they) have been researching the subject.
For sake of doing so, >>THIS LINK<< may lead to answers you're seeking.

 

[MannyGlocks]

I too wonder....what?

 

[RicInOR]

As a practical, non legal question, what was the question "about firearms"? Is the tenant asking if they can bring guns into their room? Asking whether any guns are present in the house?

I believe the question was whether as a tenant they could bring the FA into the house.

 

[RicInOR]

As I have thought about this this morning. In view of current "Red Flag" and the potential type of renters who might be there,
Open carry might be viewed as triggering in the house.

Open carry in the common area might trigger another renter. So while it may be fully legal, this is a house. So ...
I would be of the mind to say no open carry on the property, just to minimize this issue. And, if you leave a weapon in the common area is ending your stay - there is the potential for children and prohibited to posses firearms as other tenants.
I am not sure you can do this/should. Can you say no open carry? That is one question for the lawyer.

If I was the renter, I would be thinking Concealed means Concealed and act accordingly. Would I carry a non cased gun thru the house to goto the car and then to a safe shooting area? No, I would use a case.
As it is, I only transport non-concealed weapons in a case, that is my normal behaviour.

 

[Cloakedsphere]

As I have thought about this this morning. In view of current "Red Flag" and the potential type of renters who might be there,
Open carry might be viewed as triggering in the house.

Open carry in the common area might trigger another renter. So while it may be fully legal, this is a house. So ...
I would be of the mind to say no open carry on the property, just to minimize this issue. And, if you leave a weapon in the common area is ending your stay - there is the potential for children and prohibited to posses firearms as other tenants.
I am not sure you can do this/should. Can you say no open carry? That is one question for the lawyer.

If I was the renter, I would be thinking Concealed means Concealed and act accordingly. Would I carry a non cased gun thru the house to goto the car and then to a safe shooting area? No, I would use a case.
As it is, I only transport non-concealed weapons in a case, that is my normal behaviour.

I did speak with an officer to a similar scenario awhile back. But it was more or less having posession of a firearm with a tenant who legally could not posses or have access to. I was told that so long as you either have A: lock on your door or B: A safe where you keep the firearm, you're legally allowed to have said firearm inside the house. This is in Oregon by the way.

On contract though, if your name is on the deed of the home and you are looking to rent, you can put on a contract that asks for no open carry and I would make the assumption that they have to follow the rule or they'd be subject to use of law enforcement. Since everyone knows if a business doesnt want you to open carry, they have the right to ask you to leave and if you refuse, you are charged with trespassing. But if you have no contract or written agreement, I believe it is a free for all (within the extent of the law).

 

[JeremyK]

I believe that if you're barred from opening firearms, you aren't allowed to live in a place that has them. I haven't personally confirmed this since I'm legally allowed and have far too many.

Sorry, but I gave to disagree with part of your statement: implying you have "far too many guns" is objectively fallacious. I recommend you edit your post immediately

 

[bbbass]

Under Oregon Landlord/Tenant Law, additional rules can be written into any agreement to rent, so long as those rules do NOT contravene the law and are applied equally to all tenants. No discrimination is allowed, including the 'perception" of discrimination. That said, what is the remedy for breaking the rules of the contract or rental agreement? In my day, it used to be a 10day written notice of eviction for cause. We (Landlords) also had the option of a 30 day No Cause termination of tenancy... not sure if that is still available.

I wouldn't be caught dead in the situation of renting out shared space, it was bad enough having single family home and apt tenants, but that is neither here nor there. Be sure to ask the lawyer what remedies are available for various types of misbehavior, including the current laws regarding non-payment or late payment of rents, pets/pet fees, security deposits, cleaning fees, eating another tenants food, leaving a dirty or stinky bathroom, hair in the shower drain, etc.

(Edit: Legally, if it isn't spelled out in the rental agreement, it doesn't mean a thing, and can't be enforced. And all landlords should know that in today's world, eviction is nigh-on impossible!!!)

 

[ma96782]

Have you asked to see his CCW yet?

Aloha, Mark

 

[leadcounsel]

In my youth, I was open to roommates. Not anymore; at least not for strangers and those I can't trust. Not with all the complications, particularly red flag laws.

Don't know the best answer for the OP other than the more detail that is put into the lease, the better for the landlord. I would ABSOLUTELY have the tenant waive any rights to evict the landlord/owner entirely and forever. Would be really rotten to have your tenant "red flag" you and then squat in your house and stiff you on rent...

My first advice is not to have live in tenants since it does get complicated. My second advice if tenants are a must, I agree with hiring a lawyer to write a rock solid lease.

 

[solv3nt]

Sorry, but I gave to disagree with part of your statement: implying you have "far too many guns" is objectively fallacious. I recommend you edit your post immediately

That's a quote from my wife. I completely disagree

 

[RicInOR]

I would ABSOLUTELY have the tenant waive any rights to evict the landlord/owner entirely and forever. Would be really rotten to have your tenant "red flag" you and then squat in your house and stiff you on rent...

That is a view I had not thought of, argh!

 

[Knebel]

the only implication id see is, leaving the firearm loaded and unattended for others to take possession. I would simply put in the lease that firearms need to be locked up if not under direct control of the owner. I'm not sure but you could say "concealed is concealed... no open carry in common area".

This is an interesting topic that I have researched too since I live in an apartment. Technically, the landlord could forbid firearms on the premises, BUT that opens the Landlord up to liability/lawsuits if something happens to an individual where a firearm would have been beneficial. I would definitely honor that the person is asking before moving in. That speak of maturety and a decent character.

I did buy a lockable doorknob for my bedroom closet that holds a security cabinet and what I do is... I have them locked up and only take one out loaded at night that goes to my bedsite. If i leave and lets say my kids stay home or nobody will be home all day, the cabinet is locked and so is the closet. There are too many people that could come in and snoop, landlord..maintenance ect. I would never get the idea of open carry in this complex, Id be scrutinized for it. Honestly where I live, I would feel better doing it but we also have armed security that I'd like to avoid contact with if I open carry...

I am mostly discreet if I go to the range, I case em up, check if lots of people are outside... if clear, I book it to the car and throw em in the trunk. Nobody really has know and for sure wont I ask my landlord, that would open pandoras box lol