landlord tenant lease
Ohio Lease Firearms Clause Eviction
<p>I currently reside in Ohio as a CHL/CCW licensee. I've recently moved into a community with a strict firearms clause that simply states that a firearm must be unloaded, fully encased, and carried in the open when transporting anywhere in the common area (including, but not limited to anywhere outside of the leased property; hallways, parking lot, etc). This would prevent someone  from carrying on their person. Failure to comply results in immediate eviction notice. I signed the lease.</p>

<p>I have no problem complying, albeit it defeats the efforts I've gone through financially, and in training to hold this CCW.</p>

<p>However, Ohio has 2923.126(C)(3)(b):</p>

<blockquote>
  <p>A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises</p>
</blockquote>

<p><a href="http://codes.ohio.gov/orc/2923.126" rel="nofollow noreferrer">http://codes.ohio.gov/orc/2923.126</a> </p>

<p>The definition of the residential premises: </p>

<blockquote>
  <p>"Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university. "Residential premises" does not include any of the following:.. </p>
</blockquote>

<p>However in the context of firearms, it does NOT include a dwelling unit that is owned or operated by a college or university </p>

<p>2923.126(C)(3)(i)</p>

<p>Is the counter signed lease's firearms clause legal to enforce with the explicit laws prohibiting landlords from doing so in the case that I have a CHL/CCW?</p>

<p>You are evidently a tenant and the person supposedly empowered to initiate eviction proceedings is a landlord. This restriction is presumably part of a CCR for that community, and if the community is more that 12 years old, this condition may have been there since the beginning. Nothing mandates that statutorily-invalid conditions be removed from a lease. In case that law is repealed, it would then become effective, but at present, it is unenforceable.</p>
