Junked car left on my property by former tenants

[landlord4068]

This is possibly a litttle off topic.

I have a rental property. The tenants I had skipped out on their lease, and left the house filthy and did not provide heat which caused some plumbing damage. I already intend to take them to small claims court for the damages, cleaning, and unpaid rent according to the lease.

My question is this: I will have new tenants moving into the property, and these old tenants left a junked car in the driveway. I told them in writing that it must be removed, while they were still living there. They moved about a month ago, and this junker is still on my property. Can I legally have a wrecker remove it? What is the proper and legal method to get rid of this piece of junk?

Thanks

[Speedy Jim]

I'll bet that50 states have 50 different laws. Cities too. Start with city hall. Jim

[Malcolm Hoar]

Depends where you are. Many (most?) states have specific provisions relating to property abandoned by tenants. You'll need to clue up on your state landlord/tenant laws and/or consult an attorney.

It's quite likely that you'll have to give some kind of formal notice(s) before removing the vehicle.

[Colbyt]

Two correct answers already.One additional proper and legal is:

Call your local code enforcement office and have them site you for the vehicle. Then following their demands you haul it away.

OR

In this case you can most likely get away with towing the junk away. The c*ck roaches aren't going to come out of hiding so you can sue them. BTDT (been there done that)

Colbyt

[The Streets]

I've had success in the past with a similar situation by contacting the local board of health. If they can be convinced that it harbors rats or some other health issue, they can often cut through any red tape and get it removed.

[Jeff]

Check with your local police, they deal with this stuff all the time.

[gfretwell]

Call the cops, on the nonemergency number and ask them. There is probably a law that says you can have it towed and the towing company will hold the car until the registered owner pays the towing bill or until the towing company can file for a mechanic's lien title. That will vary by state and local jurisdiction. Some places like Florida have a very liberal towing process if you are the land owner. They can have a car towed here in minutes of parking without permission. A towing operator will probably have that answer too but start with the guys who will arrest you if the towing guy is wrong. Legally they may have to put a ticket on it or something.

[Steve B]

"Malcolm Hoar" wrote

Start at city hall, or with the wrecker company.

Here, in Las Vegas, about ten years ago, the freeway system was being expanded. It went through new territory near where I lived. On that property was a derelict automobile, the type that had no engine, no tranny, and only consisted of a shell, even with no doors. It rested on its roof. It had probably 500 bullet holes in it.

They did a news story on it.

In order to "LEGALLY" remove the auto from the oncoming freeway, they had to post a bright lime green sticker on it for 90 days notifying the "owner" that if they did not move the automobile by a certain date, it would be towed.

Don't you love "the process"?

Steve

[Steve B]

"The Streets" wrote

My mother-in-law goes to Missouri every summer to visit her sister for three months. During the time she was gone last summer, someone abandoned a car in front of her house. We called, and they told us that the car could not be impounded unless it was blocking a driveway or impeding traffic.

Well, just a little push, and voila! It was now blocking her driveway.

The car was gone in four hours.

Does this give you any ideas?

Steve

[Tom G]

In Rockford, IL. a landlord was cited for the junk a tenant had left in the driveway of a house when the tenant moved out after the electric and gas was turned off for non payment. So the landlord had the utilities turned back on in his name and was in the process of loading up the junk when the tenant showed up with a sheriff's deputy in tow. Deputy told him he couldn't evict the tenant (and his property) without going through the proper eviction procedures. So he had to let the tenant move back in (with heat and electricicity) while he went to court to get the proper eviction process in motion. In the meantime the landlord had to show up in court to explain himself for not removing the junk. Of course, the authorities said they would take into consideration his problem.

Tom G.

[CJT]

... and for an order allowing removal of the junk car ?

[Malcolm Hoar]

Yup, tenants have a *lot* of rights these days.

The OP needs to aquaint himself with the applicable law in his jurisdiction. If he fails to do so, he could find that he's the one facing civil or even criminal liabilities.

[gfretwell]

It is generally a lot easier to get a car removed from private property.

[Malcolm Hoar]

Yes, generally. But tenants have a lot of very specific rights and protections in most jurisdictions. Removing a tenant owned vehicle could be quite tricky.

[Steve Barker LT]

Have the police tow it as an abandoned car. You know nothing about it.

[Steve B]

That may or may not fly. You DO own the property, and you have no idea who this car belongs to, or how it was left there. But the law may become sticky in regards to such things depending on jurisdiction.

OTOH, if it were rolled out into the street, and blocking traffic, I would bet you a day's pay that it would be gone in four hours.

Steve

[gfretwell]

You must live in the people's republic of california. Most states in "flyover country" still respect property rights. These scum lost their tenant rights when they broke the lease and trashed the house. I would part the car out on Ebay and have the hulk towed. Around here you would never get a jury to fault me. The counter suit for landlord damages, would more than cover any thing they could come up with as tenant damages. They regularly hold people to the terms of broken leases, even if the apartment was left in immaculate shape and immediately rented. The former tenant still pays the penalty (usually up to a year's rent) after they left ... or at least have a judgement against them.

[Malcolm Hoar]

Guilty as charged.

That warms the cockles of my heart ;-)

[marks542004]

This needs legal advice for your specific city regulations.

In some areas you would need to retain the property for I think twelve months after expiry of the lease. You can of course claim costs.

[marks542004]

This needs legal advice for your specific city regulations.

In some areas you would need to retain the property for I think twelve months after expiry of the lease. You can of course claim costs.