Registered: 1300199085 Posts: 1
Reply with quote #1
One of our residents moved out on Jan 5, 2011. He not only left with an outstanding balance of over $7000.00 but, he also left a car parked in the space corresponding to the Apt. We sent several texts and made calls to him asking to please move the car, so that the new resident can use the space.
Does any one knows what to do in this case? or what is the law? The property is in West Los Angeles, California. If any one have any input please let me know. Thanks
Registered: 1259698405 Posts: 29
Reply with quote #2
I'm not sure about CA but in NJ you have to send a certified letter letting them know they have 30 days to claim their property. If not claimed and removed by then, the property is considered abandoned and you are free to do with it what you want. Not sure if you could claim ownership of a car though.
Does your parking lot have a towing company? If so, call them and let them impound it. Just tell them that the car is no longer authorized to park in that lot. With the fees they charge these days, they will be happy to remove it for you. If not, call a local towing company and let them come and take the car. This way, the car is kept safe and the tenant has the option to get it back if they choose to pay the towing and storage fees. If not, the towing company will sell it after a certain time period has passed.
Registered: 1340044848 Posts: 58
Reply with quote #3
The Rent Rite Directory offers a free Rental History database to Property Managers and Owners that allows members to input as well as search evictions (before they hit public record), tenants who skip out on rent/collections, proxy renters (those who rent on behalf of unauthorized tenants ie: drug dealers, sex offenders, convicted felons), those who commit lease violations, property damage, and on-property crime. http://www.therrd.com Please help share information with other Real Estate Professionals.
Registered: 1356348233 Posts: 86
Reply with quote #4
My tenant has cleared off but has left an untaxed car on the drive the property was let unfurnished & empty .
Registered: 1361412490 Posts: 2
Reply with quote #5
Rental is located in University Heights, in Cuyahoga county (Cleveland, OH). Tenant rented upstairs unit of a Double. Tenant paid rent for December 2012, and $200 toward January 2013 rent. This was a month to month rental agreement. Tenant was arrested and is in jail in Miami, FL. 90% + of his personal property is in the unit. Also left a nice Saab 900S. Tenant has apparently given keys to several people. These people have been seen by the downstairs tenant removing some of his personal property. I served the 3 day notice 1/12/13. Tenant's brother said he would remove property. Nothing done yet. It's 2-20-13.
Shaker Heights Municipal Court would handle eviction proceedings. Do I have to file an eviction to remove this property? Am I responsible for any of his property removed by people he has given the keys to?
Registered: 1169270040 Posts: 3,755
Reply with quote #6
An unregistered car in the drive can be towed at your expense. Or it could oddly roll to the curb and be an unregistered car parked on city streets that police would tow if it were reported as abandoned.
In OH, you are not responsible for property removed by people the tenant has given keys to. He gave them permission to enter and is responsible for their actions. You didn't allow them entry. Check Cleveland ordinances and see if there is an abandonment ordinance that allows you to remove property. If not, you will need to file eviction.
Registered: 1336000141 Posts: 68
Reply with quote #7
Contact your local DMV to fill out abandoned vehicle paperwork. They will send a notice to the previous registered owner giving them a short time to collect the vehicle. After that time, you can auction it or have a metal recycler come collect it. In the paperwork, there is a place for you to specify what storage charges the registered owner must pay when he collects the vehicle. It does cost to fill out the paperwork, but it may get the car out of your hair.
Registered: 1379746645 Posts: 18
Reply with quote #8
You have to with legal way make him request by the lawyer and if then also not giving attention then call tow truck and remove it and make it seal....
Registered: 1401375892 Posts: 24
Reply with quote #9
Rental agreements for residential property are too basic. You must locate or craft your own meeting your needs.
In our agreement we stipulate that we can charge for various items including $.55 per mile, and $40 per hour for various items. We charge to deliver 3 day notices, filling out eviction forms etc. and that if personal property is left on the premises more than X days it's yours. Now there are 50 paragraphs to our rental agreement. The latest one is no marijuana cultivation. I found a guy growing weed in one of our homes. While he took off I found he did have a grow card in California. Sheriff told me that unless it was in the rental agreement there was nothing they could do as long as it was conforming to his grow card. Next day our rental agreements were modified. In your case call police. Ask if there is a lien holder. Call lien holder. If no lien holder send letter certified that you are charging storage fees of $X per day. Call tow yard and see what they charged. Probably $50 per day or close. You send letter stating from 10 days you will start charging the fee (if the car is worth anything) or second option is to call it abandoned and tell police to have it towed. Post signs on property regarding towing of vehicles. Put a clause in your rental agreement regarding this issue, and every issue you may encounter, for the future. By the way... a judge told me I could not charge my fees. I informed him it was in my contract. He then awarded me my fees and mileage. Every dime. __________________ warrior