Junked car left on my property by former tenants

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landlord4068@_______.com - 15 Dec 2006 00:36 GMT

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

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Trent - 15 Dec 2006 03:14 GMT

>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
[quoted text clipped - 8 lines]
> 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?

Call a wreck and have it towed.

> Thanks

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Jeff - 15 Dec 2006 04:11 GMT

>>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
[quoted text clipped - 10 lines]
>
> Call a wreck and have it towed.

They have no more right to leave the car on your property than your
neighbor.

I would call the police and have the police tow it or provide instructions
on how to have it towed. If you have a lawyer, I would give her a quick ring
about this, too.

And I would add to your bill for small claims court, parking fees for a
month.

Jeff

>> Thanks

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Dave Parker - 15 Dec 2006 04:54 GMT

> >>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
[quoted text clipped - 22 lines]
>
> Jeff

However -

In my state, there are strict laws about tenant's abandoned
property. You might want to look into this; it could help
if there are further disputes. However, it would help the
towing situation if the car was abandoned *on the street*
(hint hint) then it's not so much your issue any more. If it
were to be on the street, you could take pictures of it and
report it as an abandoned car on public property.

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Mike Romain - 15 Dec 2006 15:31 GMT

Here in Ontario Canada, one can and we just did, go to a Justice of The
Peace or a Notary Public and swear that this vehicle was abandoned in
the driveway and the previous owner didn't leave a forwarding address or
vehicle paperwork. In our case the owner left the country. Otherwise
we were supposed to send a registered letter to their last known address
demanding it's removal or forfeiture for parking and storage 'fees'.

The previous tenant had said we could have the van anyway, but forgot to
leave the paperwork.

We then went to the motor vehicle department and registered the
'abandoned' vehicle in my son's name and he now has a nice driving van.

Or we could have legally sold it.

I would recommend you find out from your local motor vehicle department
their process for this.

Mike
86/00 CJ7 Laredo, 33x9.5 BFG Muds, 'glass nose to tail in '00
88 Cherokee 235 BFG AT's
Canadian Off Road Trips Photos: Non members can still view!
Jan/06 http://www.imagestation.com/album/pictures.html?id=2115147590
(More Off Road album links at bottom of the view page)

> 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
[quoted text clipped - 10 lines]
>
> Thanks

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_ Gui LaDouche _ - 16 Dec 2006 00:28 GMT

> 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
[quoted text clipped - 8 lines]
> 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?

Call your local police you moron and ask them the specific procedure
for the venue you live in, which you failed to mention in your post.

> Thanks

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sarge137 - 16 Dec 2006 04:11 GMT

> 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
[quoted text clipped - 4 lines]
>
> Thanks

Be careful! Anytime you're dealing with abandoned property, especially
titled property like a motor vehicle, the laws in your state will most
likely have a process you have to follow to properly dispose of it. If
you don't dot all the i's and cross all the t's you could be setting
yourself up for some liability if they come back looking for it. Even
if it's truly a "junker" it has some value.

Your best bet would be to consult an attorney about the process. Seems
excessive, I know, but that's the cost of doing business. If you're in
the business of renting residential property, even a single unit,
these issues will come up from time to time, and if you don't deal with
them correctly it'll eventually cost you.

It's not likely the local police can help you, unless the junker has
been reported stolen. They'll probably be able to run the VIN to check
that, but otherwise it's probably your problem. Another poster hinted
at putting the vehicle on the street. That would probably work, but
don't let anyone see you doing it. If they tell, you'll wind up at
least with a bill for towing and storage, and maybe a ticket.

Good luck.

Regards,
Sarge

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Keith - 16 Dec 2006 14:21 GMT

> 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.

Is it is your contract that the tenants must supply heat? If not your
SOL becusae they will just claim defective pipes caused the damage.

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