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#1
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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 |
#2
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Junked car left on my property by former tenants
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#4
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Junked car left on my property by former tenants
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 |
#5
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Junked car left on my property by former tenants
"Malcolm Hoar" wrote in message
... In article , wrote: 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? 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. 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. |
#6
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Junked car left on my property by former tenants
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 |
#7
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Junked car left on my property by former tenants
"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 |
#8
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Junked car left on my property by former tenants
"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 |
#9
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Junked car left on my property by former tenants
"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. |
#10
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Junked car left on my property by former tenants
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#11
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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. | ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ |
#12
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Junked car left on my property by former tenants
In article , wrote:
On Thu, 14 Dec 2006 18:41:35 -0800, "Steve B" wrote: 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. It is generally a lot easier to get a car removed from private property. 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. -- |~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~| | Malcolm Hoar "The more I practice, the luckier I get". | | Gary Player. | | http://www.malch.com/ Shpx gur PQN. | ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ |
#13
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Junked car left on my property by former tenants
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 |
#14
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Junked car left on my property by former tenants
"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 |
#15
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Junked car left on my property by former tenants
In article , wrote:
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. Guilty as charged. Most states in "flyover country" still respect property rights. These scum lost their tenant rights when they broke the lease and trashed the house. That warms the cockles of my heart ;-) -- |~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~| | Malcolm Hoar "The more I practice, the luckier I get". | | Gary Player. | | http://www.malch.com/ Shpx gur PQN. | ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ |
#16
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Junked car left on my property by former tenants
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#17
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Junked car left on my property by former tenants
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#18
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Junked car left on my property by former tenants
"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. |
#19
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Junked car left on my property by former tenants
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. 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. |
#20
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Junked car left on my property by former tenants
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 |
#21
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Junked car left on my property by former tenants
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 |
#22
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Junked car left on my property by former tenants
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. wrote: 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 |
#23
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Junked car left on my property by former tenants
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#24
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Junked car left on my property by former tenants
wrote:
In the middle of the night roll it out and down the street. That's probably the worst advice yet in this thread. Call the cops in a few days about the vehicle and have a nice day. Out of sight, out of mind. wrote: 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 -- The e-mail address in our reply-to line is reversed in an attempt to minimize spam. Our true address is of the form . |
#25
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Junked car left on my property by former tenants
wrote:
On Fri, 15 Dec 2006 03:23:37 GMT, (Malcolm Hoar) 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. -rev |
#26
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Junked car left on my property by former tenants
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. |
#27
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Junked car left on my property by former tenants
"CJT" wrote in message ... wrote: In the middle of the night roll it out and down the street. That's probably the worst advice yet in this thread. I wrote the same thing a couple of days. It's what I have done, and what I would do. It's a fast solution to a potential sticky problem. Steve |
#28
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Junked car left on my property by former tenants
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 |
#29
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Junked car left on my property by former tenants
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 |
#30
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Junked car left on my property by former tenants
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 |
#31
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Junked car left on my property by former tenants
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 |
#32
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Junked car left on my property by former tenants
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 |
#33
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Junked car left on my property by former tenants
"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 |
#34
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Junked car left on my property by former tenants
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 |
#35
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Junked car left on my property by former tenants
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 |
#36
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Junked car left on my property by former tenants
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 |
#37
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Junked car left on my property by former tenants
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#38
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Junked car left on my property by former tenants
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 |
#39
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Junked car left on my property by former tenants
"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 |
#40
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Junked car left on my property by former tenants
"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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