What happens If evicted tenant leaves abandon car on property?

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Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes
4y
Quote from @Nathan Gesner:
Quote from @Joe S.:

What happens if evicted tenant leaves nonworking auto on property?


Your State has laws for abandoned property. There.is a process for claiming it, getting a new title, then you can do what you want with it. Unfortunately, it probably doesn't have enough value to justify the work. It's much easier to just have it towed and let the tow company deal with it. If it's on public property, you can have the City take and dispose of it.


I second this and want to further suggest that once you gain an understanding of that process, outline it in your lease so tenants know what will happen to their property if they abandon it.

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    Document everything. Call the city Code Enforcement to have them verify the illegality of this. Then have it towed.....

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Joe S.:

    What happens if evicted tenant leaves nonworking auto on property?


    Your State has laws for abandoned property. There.is a process for claiming it, getting a new title, then you can do what you want with it. Unfortunately, it probably doesn't have enough value to justify the work. It's much easier to just have it towed and let the tow company deal with it. If it's on public property, you can have the City take and dispose of it.

    The DIY Landlord Book4.7243 Reviews
  • Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    4y

    Make sure you have proof that you’ve reached out to the tenant to redeem the car. Certified mail is the best. After a certain time period you can call a junk yard or tow yard and have them tow off your property. I which case it becomes their responsibility 

  • Joe S.Pro Member
    OP
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    4y
    Quote from @Eliott Elias:

    Make sure you have proof that you’ve reached out to the tenant to redeem the car. Certified mail is the best. After a certain time period you can call a junk yard or tow yard and have them tow off your property. I which case it becomes their responsibility 

     How would you know where to send mail to an evicted tenant? Their mailing address on file is the one they just got evicted from.

  • Member since 2022 · 25 posts · 21 votes
    4y

    I agree to document everything  but I see it more as an opportunity to make a dollar than a headache. If a tenant wants to leave something of any value, I’ll cash in. 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Joe S.:
    Quote from @Eliott Elias:

    Make sure you have proof that you’ve reached out to the tenant to redeem the car. Certified mail is the best. After a certain time period you can call a junk yard or tow yard and have them tow off your property. I which case it becomes their responsibility 


     How would you know where to send mail to an evicted a tenant? 


    Just use the last known other contact address (if any). And/Or relatives listed on application. Send certified of course.

  • Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    4y
    Quote from @Joe S.:
    Quote from @Eliott Elias:

    Make sure you have proof that you’ve reached out to the tenant to redeem the car. Certified mail is the best. After a certain time period you can call a junk yard or tow yard and have them tow off your property. I which case it becomes their responsibility 

     How would you know where to send mail to an evicted tenant? Their mailing address on file is the one they just got evicted from.


     Tell them you have mail for them and you're returning to them. Or look them up on the tax record

  • Attorney · TX · Member since 2020 · 29 posts · 18 votes
    4y

    Here in Texas, if a justice court finds in favor of the landlord, the landlord is entitled to a judgment for possession of the premises and a writ of possession. "Premises" means the unit that is occupied or rented and any outside area or facility that the tenant is entitled to use under the lease. 

    You went through the eviction process with this tenant and received an evicted judgment. Did you have the constables execute a writ of possession already? If not, after you obtain a judgment from the jp court and assuming the tenant does not appeal, you are able to file for a writ of possession once the statutory waiting period is over. Once you file for the writ you could call the constables office and ask them what you need to do to have the car removed during the execution of the writ.

    Disclaimer: I am an attorney, but this is not legal advice, just friendly information. You should seek legal advice from a duly licensed attorney competent to practice law in your jurisdiction.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y
    Quote from @Joe S.:
    Quote from @Eliott Elias:

    Make sure you have proof that you’ve reached out to the tenant to redeem the car. Certified mail is the best. After a certain time period you can call a junk yard or tow yard and have them tow off your property. I which case it becomes their responsibility 

     How would you know where to send mail to an evicted tenant? Their mailing address on file is the one they just got evicted from.


     Send it to the last known address-which is where they were evicted from.  They should be having their mail forwarded, if not, you did due diligence. 

  • Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes
    4y
    Quote from @Nathan Gesner:
    Quote from @Joe S.:

    What happens if evicted tenant leaves nonworking auto on property?


    Your State has laws for abandoned property. There.is a process for claiming it, getting a new title, then you can do what you want with it. Unfortunately, it probably doesn't have enough value to justify the work. It's much easier to just have it towed and let the tow company deal with it. If it's on public property, you can have the City take and dispose of it.


    I second this and want to further suggest that once you gain an understanding of that process, outline it in your lease so tenants know what will happen to their property if they abandon it.

  • Realtor · Dallas - Fort Worth Metroplex, TX · Member since 2016 · 1k+ posts · 925 votes
    4y

    @Joe S. We had that happen here in DFW many years ago to one of our rentals and I believe we called the police reported it as abandoned and they had it impounded.

  • Member since 2022 · 1k+ posts · 1k+ votes
    4y

    lets say some homeless guy, out of nowhere, decides to push it out into the street, unbeknownst to you. I guess then its the city's problem. They'll know what to do with it right away.

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