Magazine article Journal of Property Management

"Do You Think Owners Should Be Able to Restrict Gun Possession in Apartment Communities?"

Magazine article Journal of Property Management

"Do You Think Owners Should Be Able to Restrict Gun Possession in Apartment Communities?"

Article excerpt

JO ANNE CORBITT, CPM VICE PRESIDENT, PROPERTY MANAGEMENT COLLIERS INTERNATIONAL NASHVILLE, TENN.

yes

As a crusader for private property rights, my short answer is, "YES!!" But this is a matter that deserves and requires much a more in-depth study.

Residents, as well as prospects, expect a certain level of safety when leasing at a given property. They are concerned about illegal or unacceptable activities.

Property owners are concerned about liability from residents, guests, employees, vendors and anyone else stepping foot onto the property--with or without permission.

We all know that if it happens on your property, courts of public opinion, as well as the judiciary look to landlords as the cold, money grabbers who must, in return, protect everyone from everything--including themselves.

So, what's the most effective, efficient and/or logical way(s) to protect the landlord's rights and avoid increasing his/her liability?

* Have a "no firearms" rule or policy, except for sworn officers of the law.

* Include or exclude someone who has a legal "right to carry permit.

* Post signs in all of the common areas with guns in a red circle with a slash through it.

* Hire security guards or install metal detectors.

* Put "unapproved possession of a fire arm" in your lease as a non-monetary default.

* Figure out a way to address rifles and/or shotguns used for hunting.

* What if you do nothing proactively to limit the number, types of fire arms on the premises?

Exploration of each of these items (and many more) is warranted for each property. Remember--it's the landlord's property which entitles him/her to make the rules. Doing so without increasing liability is the challenge.

EDWARD MCBRIDE MCBRIDE, WILLIAMS & POWELL, LLC CINCINNATI

no

The preponderance of evidence indicates that landlords may have the authority, but not the ability, to restrict residents from possessing guns on their rental properties. …

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