I think that is what I said. "or at least have a judgement against
If you are already a deadbeat a judgement doesn't mean much but if you
actually do have anything of value that can be attached or you ever
want to rent another apartment this is something that will haunt you.
These days landlords for any decent property will investigate
prospective tenants so they don't get into the situation that started
this thread. This judgement will pop with the most rudimentry records
search and certainly show up on a credit report.
I bet you will still get credit card applications in the mail. ;-(
Of course. If you break a contract you can/will be sued for damages.
Let's say the lease payments are $1000/month, the tenant walks out half
way through the year, and it takes 2 months to find a new tenant. The
damages are $2000 and the ex-tenant would be liable (and not limited to
the deposit). The landlord is obligated to make a reasonable effort to
mitigate the losses by seeking a new tenant.
If for some reason the landlord is unable to locate a new tenant for
whatever (good) reason, the ex-tenant is, of course, liable for every
penny that would have been owed for the full term.
Rental companies like to scare people with "unbreakable" leases, but
the fact is, you can break a lease absolutely any time for any reason.
Just be prepared to pay the full fair losses of the other party.
I keep reading posts about people breaking sales contracts because the
property depreciated. They ask, "Will I lose my deposit?" They're
lucky if that's all they lose!!
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.
In this case you can most likely get away with towing the junk away. The
cock roaches aren't going to come out of hiding so you can sue them. BTDT
(been there done that)
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.
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.
| Malcolm Hoar "The more I practice, the luckier I get". |
Three years ago come this spring, we went from rental to vacation rentals.
We were renting to two police officers, and contrary to what one might
think, these were not the greatest tenants.
We spent $27,000 remodeling the house. Now, instead of just breaking even
on the mortgage payment at the end of the month, we make twice the monthly
mortgage payment for one week's stay. It is very nice when we have four
separate weekly rentals in a month. Almost eight months of mortgage
We have yet (knocking on my wooden head) had any damage or loss, save a
coffee pot going out, a garbage disposal, the normal wear and tear stuff.
In March, we will start renting our second one.
So, in some cases, rentals can be a good thing.
Go to vrbo.com and see. That's Vacation Rentals By Owner, but shortened.
Any city you want to go to. The ONLY way to rent.
I think that vacation rentals are probably a good way to go. I would go
along with that, but not month to month or yearly leases on regular
rental property. You just never know what kind of renters you're going
Absolutely. When someone is having a problem getting rid of a car that a
tenant has abandoned, has to jump through hoops, and stands to lose if the
tenant wants to get litigious, it ain't worth it. Particularly if all you
are doing is breaking even and taking on a lot more work and maintenance to
keep it up. Not to mention stress.
Vacation rentals do have their parameters, too. You have to have a nice
house in a nice neighborhood. You have to be in a city that receives a
moderate amount of travel. You have to remodel and furnish. You have to
have cleaning staff and a good maintenance man.
But, when you do the P&L at the end of the year and are still smiling, it's
a good thing.
PLUS, you can trade rentals. We went to Mazatlan this year by trading one
week for one week. We are now considering an offer from Australia. No cash
outlay, no paper trail.
A few years ago this happened to me with a former tenant. Just called
a friend of mine with a car hauler. He came in, grabbed the car and
dropped it off in a ditch by the river.
"I have no idea where it is or what happened to it" What car?
They built an instant ghetto down at the bottom of my street last year. Most of
these new houses are still empty, thank God. Earlier today I passed a sign at
the top of the street offering one of these new houses for rent: "No Credit
Check". I pulled the sign out of the ground.
Did I have a right to do so? No. Neither did the owner of the house at the
bottom of the street to post it. He didn't own the land at the top of the hill.
But I digress.
I am horrified at what is probably going to move into my neighborhood. When I
moved in 20 years ago that area was wooded. Now it's the latest in lowlife
On Thu, 14 Dec 2006 18:47:42 -0600, landlord4068@_______.com wrote:
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
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.
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.
One morning I found that a car was parked in the alley in front of my
garage door. A red "No Parking" sign was on the garage. I had an
appointment, so I called the police and they immediately towed it
away. I'd expect that if a car is left for more than a week or two, it
should be removed, but it is best left up to law enforcement.
The cities in my area, no police would tow abandoned cars on private
property. As suggested earlier, the health department could have it towed it
if it presents a health danger. In another city the property owner has to
post a no parking sign in plane view citing codes and contact phone number
and if the car has an expired registration the property owner has to paid
I once had a car abandoned in front of the driveway for a week (public
property) and I had to show the police its was an active driveway with a
working garage before they would tow it.
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