TN - Landlords Can Ban Firearms?

[Old Fashioned]

The Tennessee Attorney General issued an opinion saying that landlords can ban tenents from bringing firearms into the premises even if they have handgun carry permits by stating it in the lease or by posting signs on the property. This is an opinion by the AG, not a court decision.

http://politics.nashvillepost.com/2009/10/28/landlords-can-ban-tenants-from-having-guns/

http://www.wrcbtv.com/Global/story.asp?S=11401691

[Frank]

Shouldn't be any big surprise.

In general a tenant's right to the property he rents is subject to the terms of the lease, to the extent they are valid and enforceable under the law of the place where the property is located. In some states, there may be statutory or case law prohibiting "no guns" clauses; but absent such laws, a "no guns" clause would be valid and enforceable.

If it is valid and enforceable, the tenant is risking eviction if the landlord finds out. It's probably unlikely that he will find out, but unlikely things happen from time to time. How lucky does the tenant feel?

Whether or not the landlord is likely to act if he does find out will depend in part on how strongly he personally objects to tenants having guns. He may be using a form lease and not have even thought about that clause, or he could be virulently anti-gun. And whether or not he takes action will also depend on current market conditions where the property is. If there are few vacancies, he can probably count on finding a new tenant right away if he tosses a tenant out. But if there's a lot available residential rentals around, he'll be less likely to put a tenant out on the street (where he probably won't stay too long) and wind up with an empty apartment for an extended period of time.

Note that the Constitution does not regulate private conduct. It regulates government conduct.