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Can landlords evict a tenant for possessing a firearm?

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Canadian Realestate Magazine | 26 Feb 2015, 09:50 AM Agree 0
The right to possess firearms is provided for in the U.S.’s Second Amendment, but such a right is not spelled out in Canada’s Constitution, which begs the question: Do landlords have the right to penalize tenants for possessing a firearm?
  • wg | 26 Feb 2015, 04:19 PM Agree 0
    a little research goes a long way, especially if your reporting and you want people to believe what you are saying.

    a safe is not a requirement, non restricted firearms can be in a safe OR trigger/action locked, you can wall hang/display these firearms long as they are locked or disabled
  • Noir | 26 Feb 2015, 05:37 PM Agree 0
    you are exactly right in Ontario a Landlord does not have the right to evict a tenant for LEGALLY possessing a firearm
  • Mike Michl | 02 Mar 2015, 04:56 PM Agree 0
    "CRIME FREE HOUSING" form I've been using for some 12 years now with all my tenants having to sign @ lease signing.
    Residential Tenancy Agreement Addendum for Crime Free Housing : -
    In consideration of the execution or renewal of a Residential Agreement of the residential property identified in the Residential Tenancy Agreement, landlord and tenant agree as follows:
    1. The tenant(s), any member of the tenant(s) household, and any persons invited onto the residential property or residential premises by the tenant(s) or any member of the tenant(s) family shall not engage in any criminal activity on the premises or property including, but not limited to:
    (a) any drug related criminal activity
    (b) solicitation (pimps, prostitution activity)
    (c) street gang activity
    (d) assault or threatened assault
    (e) unlawful use of a firearm
    (f) any criminal activity that threatens the health, safety or welfare of the landlord, other tenants or persons on the residential property or residential premises.
    2. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and material non-compliance with the Residential Tenancy Agreement. It is understood and agreed that a single violation shall be good cause for a notice to end a Residential Tenancy Agreement. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be predominant of the evidence.
    3. In case of conflict between the provisions if this addendum and any other provisions of the Residential Tenancy Agreement, the provisions of this addendum shall govern.
    4. This Residential Tenancy Agreement addendum is incorporated into the Residential Tenancy Agreement executed or renewed this day between landlord and tenant.

    ---------------------------------- --------------------------
    Tenant Signature Date
    ---------------------------------- --------------- --------------------------
    Landlord Property
  • | 02 Mar 2015, 07:18 PM Agree 0
    When you report something incorrectly, your entire article becomes suspect. As the previous comment quoted, an unrestricted firearm needs only be protected by one lock. A trigger lock or locked closet or gun case is totally legal. In the case of Restricted firearms, a safe is still not required. Two locks are adequate such as a trigger lock and a locked case.

    So now, I don't know if anything in your story is correct. Possession of legally owned and stored firearms was not on the list of acceptable reasons for eviction when I studied the AB Landlord Tenant Act.
  • | 29 Jul 2016, 01:04 AM Agree 0
    I live in Edmonton, Alberta in an apartment tht has drug dealers on my floor & the floor the landlord resides in. It has been going on for mths. It got worse in June when the dealers on my floor got in a fight with the other ones. One pepper sprayed the other on a Sat morning. Police came. Both parties from different suites are still here. My landlord informed me tht the tenants on my floor have a rifle. These ppl are going 24/7. Our mailboxes got broken into 3x in the last month. They vandalized the laundry room so now it's locked & we hve one washer/dryer for the entire building. Tht seems like nothing compared to hearing the hall door slam shut sometimes every 15 mins. Then the next hall door slams & finally the door to the parking lot. Often left open so anyone can come in. I've witnessed so much criminal activity it makes my head spin. I keep getting told they are getting evicted but the date keeps changing according to the landlord. I am frustrated over lack of a secure bldging tht my landlord said all on his own upon showing the suite. I Hvent slept through the night in mths. The police wre here 2x yesterday. Nothing changed. How can I be OK to own a rifle when you deal drugs,commit mail fraud, break and enter etc? Your landlord knows what you do. The police supposedly said there isn't anything tht they can do. Is this true? Please advice. If i could move I would.
    Edmonton, Alberta
  • firsttimelandlady | 20 Nov 2016, 05:03 PM Agree 0
    We have recently rented out our basement, and our tenant has told us that they have guns they want to bring into the house, and if this was okay. We had said we would prefer if they didn't bring them in, mainly because we live on the main floor and we don't know our tenant and did not feel safe with this. From the research I have done, as long as they are stored correctly there is nothing we can do to prevent them bringing them into the house. Is this true? Or because we also live in the property and its our feelings of safety its a little different?
    • firsttimelandlady | 20 Nov 2016, 05:07 PM Agree 0
      Sorry, I should also mention that we are in Ontario.
  • Herman Snerd | 22 Oct 2017, 11:22 AM Agree 0
    Your statement in the article about gun safes being mandatory for the storage of firearms is completely incorrect. I suggest doing appropriate research with subject matter experts before making blanket statements.

    Federal law in Canada permits the storage and transportation of firearms, as long as the owner is in full compliance with the law, which means they are licensed to possess the firearm. The process is quite involved, and ALL licensed firearms owners in Canada are subjected to a DAILY criminal record check, under what is called the Continuous Eligibility Program. If a lawful firearm owner should receive a criminal charge of any kind, the Chief Firearm Officer of the province contacts the local constabulary and sends them out to seize the firearms.

    Consequently, firearms owners in Canada tend to be the MOST law abiding folk.

    Please name any other personal private activity that results in the LEOs having the right to seize your property BEFORE you are convicted of any offense here in Canada.

    Let's stop fear mongering about firearms owners in Canada. Research your facts before publishing!
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