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Default Junked car left on my property by former tenants

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

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wrote in message
...
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


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
cock roaches aren't going to come out of hiding so you can sue them. BTDT
(been there done that)

Colbyt


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

wrote in message
...
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



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"Malcolm Hoar" wrote

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


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


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"The Streets" wrote

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?

Steve


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"Colbyt" wrote in message
...



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


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
cock roaches aren't going to come out of hiding so you can sue them. BTDT
(been there done that)

Colbyt

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.


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Default Junked car left on my property by former tenants

In article k0ogh.3436$e26.1724@trndny04, "Tom G" wrote:

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.


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". |
| Gary Player. |
|
http://www.malch.com/ Shpx gur PQN. |
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~
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Have the police tow it as an abandoned car. You know nothing about it.

--
Steve Barker


wrote in message
...
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



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"Steve Barker LT" wrote in message
...
Have the police tow it as an abandoned car. You know nothing about it.


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


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"Steve Barker LT" wrote in message
...
Have the police tow it as an abandoned car. You know nothing about it.

--
Steve Barker


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
the tow.

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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wrote in message
...
On Fri, 15 Dec 2006 03:23:37 GMT, (Malcolm Hoar)
wrote:

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.


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.


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.

Steve




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i would ask a lawyer and the county attourney. the cops would be my
last choice to ask. lucas

http://www.minibite.com/america/malone.htm

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wrote in message
ps.com...
In the middle of the night roll it out and down the street.

Call the cops in a few days about the vehicle and have a nice day.

Out of sight, out of mind.


My first suggestion, IIRC.

Gone in four hours.

No cost. No nothing.



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wrote in message
news
On Fri, 15 Dec 2006 04:26:18 -0800, "Steve B"
wrote:

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.


You must live in the state of lunacy.


No just a state that understands the obligations that come with
signing a contract and the value of property rights.


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.

Steve


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wrote in message
...
On 15 Dec 2006 08:46:32 -0800, "The Reverend Natural Light"
wrote:

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.


Uh, no. In that case, there are no damages. You'd never win. The
ex-tenant could even sue for their deposit and win.


There are a lot of people paying landlords who would dissagree with
you. A lease is a contract. Break the lease and you are in breach of
contract. Lawyers sue you for that and they win.


Yes. Then they bill you, and let you squeeze the turnip, expecting blood,
but getting flatulence.

Judgments are easy to get. Cash is not.

Been there, done that.

Steve


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Malcolm Hoar wrote in message ...

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.



And they wonder why rentals are becoming more scarce in some
jurisdictions. Personally, I wouldn't rent to anybody, not for all the
tea in China.

Cheri




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Steve B wrote in message ...

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.

Steve



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. :-)

Cheri


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Steve B wrote in message ...

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.

Steve


As Paul Rodriquez would say...I'll take a *K* Pat. ;-)

Cheri


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"Cheri" gserviceatinreachdotcom wrote

And they wonder why rentals are becoming more scarce in some
jurisdictions. Personally, I wouldn't rent to anybody, not for all the
tea in China.

Cheri


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
payments.


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.

Steve


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Cheri wrote:
And they wonder why rentals are becoming more scarce in some
jurisdictions. Personally, I wouldn't rent to anybody, not for all the
tea in China.



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
housing. ****.



--
Mortimer Schnerd, RN
mschnerdatcarolina.rr.com


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You need a local attorney for advice, not a worldwide usenet group. We
would have no way to know your local laws.

--

Christopher A. Young
You can't shout down a troll.
You have to starve them.
..

wrote in message
...
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




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When this happened to me, I pushed the car into the street and informed
the departed tenents that their car was parked on a public street and
reminded them that my city of Menlo Park CA has a regulation against
overnight parking of cars on the city streets.
The departed tenants were out there next day fixing the car so they
could drive it off before it was towed.

John
Stormin Mormon wrote:
You need a local attorney for advice, not a worldwide usenet group. We
would have no way to know your local laws.

--

Christopher A. Young
You can't shout down a troll.
You have to starve them.
.

wrote in message
...
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


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Steve B wrote in message ...

"Cheri" gserviceatinreachdotcom wrote

And they wonder why rentals are becoming more scarce in some
jurisdictions. Personally, I wouldn't rent to anybody, not for all

the
tea in China.

Cheri


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
payments.


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.

Steve



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
to get.

Cheri


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"Cheri" gserviceatinreachdotcom wrote


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
to get.

Cheri


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.

Steve

Steve


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"Stormin Mormon" wrote in message
...
You need a local attorney for advice, not a worldwide usenet group. We
would have no way to know your local laws.

--

Christopher A. Young
You can't shout down a troll.
You have to starve them.


Yes, Christopher. Excellent advice.

But, you do have to admit, getting rid of a derelict car is no big deal. I
would bet anyone a Franklin that I could get rid of one within 24 hours.

Steve


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