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
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?
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.
| Malcolm Hoar "The more I practice, the luckier I get". |
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.
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?
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
Don't you love "the process"?
On Fri, 15 Dec 2006 03:23:37 GMT, email@example.com (Malcolm Hoar)
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
It gets worse in rent controlled cities like San Francisco where the whole
legal system is so pro tenant. They have unlimited access to free or cheap
legal aid whereas the landlord pays the going rate of a few hundred $ per
hour. Ten years ago my eviction lawyer said it was not uncommon for the
landlords to shell out $60k or more for attorney fees and court costs.
Tenant moving fees may cost the landlord as mush as over $20k assuming you
could get them to move. There are cases where property purchased with the
intend for the owner to live in it but the tenant could not be evicted. With
rent increase limited to something like 1% per year who wants to move? Its a
welfare system paid by the landlords. It would be so lucky if tenant skips
out and left a junker on the driveway.
You must live in the state of lunacy.
There is no answer to this question.
IT ALL DEPENDS ON WHERE THE SITUATION TAKES PLACE, BONEHEAD.
Giving legal advice about how this SHOULD to or how that WILL go shows
arrogance and immaturity.
It varies according to where the OP lives. Got it?
Telling someone about what you would do, or how it works where you are, or
how you think it should work isn't worth the paper it's written on. It's
like telling someone who asks about the weather in Maine how the weather is
and is going to be in Arizona.
Get a clue. Buy a vowel.
Well, the OP lives in a different. A state where tenants can violate the
contract and its obligations, and where said tenants have no value of
other's rights, property or otherwise. I don't believe the contract has a
clause in it where the landlord is obligated to babysit and store the
renter's car for an indefinite period of time for free, and be responsible
for it on top of that.
If it was parked in my driveway, I'd give it a week, then push it out in the
street. If it wasn't gone in two days, I'd put a lit cigarette in there and
say I had seen homeless people sleeping in it.
Welcome to the world, pal. Some of us live with hard realities and hard
(not really) solutions go human pesty problems.
Saw my parents go through that many years ago, trying to get a "tenant"
out on a lease to buy. It dragged on for over a year here in California.
Fortunately, the house burned down when the tenant was away, and that
solved the problem. :-)
The rental next to us had someone move in with 3 junk cars. One day
they up and left and took everything (which consisted of a PS2, a TV
and some clothing) but left the junk cars. The landlord tried to get
someone to tow the cars, no one would (this the great state of nc). I
saw him out there one day so I asked him what was up. He told me that
he couldn't get the cars towed despite the renters breaking their
lease. After a couple of beers (I was trying to bribe him to quit
renting to people who had been evicted from everywhere else) I told him
I was filing a complaint over them since they were an eyesore.
I called it in to the city and they gave him a week to take care of the
issue. He tried to contact the former renters again, no luck. One day 3
tow trucks showed up and hauled them off. The local cop was there to
make sure the renters didn't appear and go nuts.
I had someone leave a dead car in my driveway once while we were on
vacation. I pushed it out into the street (fun when it had 2 flats).
The next day the cops put a ticket and a 7 day "move it or lose it"
sticker. Day 7 came and they towed it away. They knew who owned it
after tracing the VIN, so he ended up getting a bill for it.
Good luck with this, post back your findings!
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