Who has final say on carrying on property?

[allen16323]

Well this maybe a stupid queistion but here it is. Who has the final say on firearms policy in a lease situation? Is the owner and managers policies over rule the leasee's or does the lease holders policy the final word? Example of retail locations that the property owners/managers allow carry is that stand that being that they are the owners you can carry in any of the leasee's areas?

Just was curious and wanted to see if my train of thought was on course or derailed just out of the station. And thanks in advance.

allen

[ByblosHex]

Well this maybe a stupid queistion but here it is. Who has the final say on firearms policy in a lease situation? Is the owner and managers policies over rule the leasee's or does the lease holders policy the final word? Example of retail locations that the property owners/managers allow carry is that stand that being that they are the owners you can carry in any of the leasee's areas?

Just was curious and wanted to see if my train of thought was on course or derailed just out of the station. And thanks in advance.

allen

I would say the lessee has final say... as a lessee can consider anyone besides the owner, or the owner's representative as a trespasser. And Trespassing is the criminal charge one faces when they refuse to leave property when asked. It is the lessee's right to ask anyone who is not also a lessee to leave their leased property except the owner providing an exception is met which would be contained in the lease.

[Greywolf]

I would say it's a contractual issue.

Let's say I own a strip mall, and you lease a storefront from me. I am the owner; you are a tenant. If I, as the owner of the property, write into your lease that no firearms are allowed on the property, your policy cannot override the terms of a contract you agreed to and signed.

Now take the reverse: I own a strip mall, you lease a storefont from me, and I have no objection to firearms. However, your business has a policy that does not allow firearms inside your premises. You are free to enforce that rule ... within the space you lease. You cannot enforce your policy elsewhere in MY strip mall, either in other stores or in the parking lot.

[ByblosHex]

I would say it's a contractual issue.

Let's say I own a strip mall, and you lease a storefront from me. I am the owner; you are a tenant. If I, as the owner of the property, write into your lease that no firearms are allowed on the property, your policy cannot override the terms of a contract you agreed to and signed.

Now take the reverse: I own a strip mall, you lease a storefont from me, and I have no objection to firearms. However, your business has a policy that does not allow firearms inside your premises. You are free to enforce that rule ... within the space you lease. You cannot enforce your policy elsewhere in MY strip mall, either in other stores or in the parking lot.

Exactly.

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