How do you proceed with abandon cars on property? I evicted a commercial tenant at the beginning of December and she signed a paper stating she was abandoning everything in the unit. She left four cars on the property, she stated at the beginning of the month she would be removing them in a couple days and they鈥檙e still there since they are part of what she abandon are they considered mine?
Contractor/Investor/Consultant 路 San Diego / Phoenix 路 Member since 2021 路 12k+ posts 路 15k+ votes
3y
You need to check your local laws first. And give a written notice. A quick call to your attorney might be in order to make sure you don't get into trouble.... :-)
Give her a deadline and after that tell her they will be towed.
Yes^^^ Give her this deadline and the actions in writing
..
She didn鈥檛 specify cars in the abandonment but I want to sell them not get them towed. She owes for 2 months rent so I鈥檓 trying to make some of the rent back. How do I proceed to be able to sell them?
Contractor/Investor/Consultant 路 San Diego / Phoenix 路 Member since 2021 路 12k+ posts 路 15k+ votes
3y
You need to check your local laws first. And give a written notice. A quick call to your attorney might be in order to make sure you don't get into trouble.... :-)
Investor 路 N.E. Illinois 路 Member since 2019 路 49 posts 路 39 votes
3y
Getting rid of abandoned cars can be a real nightmare. In order to sell a car you will need title to it. You don't have that, so I would not even go down that route. I was once on a job site in the middle of nowhere that had the decades old rusty remains of a truck chassis and cab that was blocking an area where work had to be done. To (properly) have the car removed and scrapped required a weeks long State Police VIN number search before we could be approved to proceed. I know that's not your case here, but it just serves to point out that these things can be complicated.
There may also be local laws about towing that apply here (in some areas, you HAVE to have a sign posted that identifies the towing company otherwise you can run into trouble). And if you didn't meet those local requirements when they were parked, you might cause yourself a headache moving them now. Time to call your attorney.
Also, be careful with the line of thinking that "she owes me X grand so I'll sell these cars to make it back". Your lease is your contract. The contract and applicable State law determine your recourse for getting money out of her. Taking her cars to sell (without her agreement/cooperation) is the wrong avenue for you to get your money out of the situation. You need to proceed down the right paths, especially if at some point a third party (judge) is deciding who is in the wrong. You want the dispute history and paper trail to point only toward her.
Real Estate Agent 路 Little Rock, AR 路 Member since 2022 路 83 posts 路 63 votes
3y
I would most definitely check with a real estate attorney before acting. Protect yourself so that she can't come back on you. I can only advise you what I would do here in Arkansas. Laws are different in every state. Good luck with getting them removed.
Rental Property Investor 路 New Braunfels, TX 路 Member since 2022 路 408 posts 路 408 votes
3y
I bought a house at the foreclosure sale in May, it had a 2009 Toyota Yaris in the garage. I had to apply for a surety bond, then register the car with the DMV with a transfer of ownership form to get a title so I could get a key from the Toyota dealership. This process took 5 months but I sold that car with a clean (almost) title for $4,000 profit last month after new tires, oil change and a detailed cleaning馃 Talk to your real estate attorney and if they approve the sale then go you your local car registration place and figure out what they require to get the title in your name. It鈥檚 worth the hassle.
very state specific. Get with a real estate lawyer that deals with storage units. They should have this one down for you to a tee.
If it's commercial. It's not residential and you can lien everything in the unit, including vehicles. Each state is different and different headache for vehicles, and you won't know until you ask someone who deals with this on a regular in your state. Some states, it would be a lot better for you, if the abandoned vehicles, some how made their way off your property magically. Of course don't break the law. Smaller owner operators and cash. .
This lawyer does 100% storage in all 50 states and he should be able to get you an answer.
Honolulu, HI 路 Member since 2008 路 3k+ posts 路 2k+ votes
3y
Aloha,
You can probably just check with a local towing company that regularly services large lots, where they have Tow Zone signs posted. They would know the signage requirements, and if they are legit, they will not tow something improperly. They will also likely clarify what "abandoned" means, in their world. For example, here, if plates and safety check are current, they will tow anything off of your property at no cost. If tags or safety check are expired, they treat as "abandoned", and charge $500 to remove it to their storage yard, where they process it per local law, publishing notice, etc. and ultimately scrapping for metal value if that is all it is worth.
Investor 路 VA 路 Member since 2015 路 21k+ posts 路 19k+ votes
3y
@Alexandra Isenhour
We checked to see if they were titled or registered. If not we called a tow company and had them hauled. If so we gave the owners time to come get it or it would be towed as they were on private property
How do you proceed with abandon cars on property? I evicted a commercial tenant at the beginning of December and she signed a paper stating she was abandoning everything in the unit. She left four cars on the property, she stated at the beginning of the month she would be removing them in a couple days and they鈥檙e still there since they are part of what she abandon are they considered mine?
Call the Department of Transportation (DOT) and explain the situation. They can give you instructions and forms.
In my state, I have to start by posting notice in the paper. Then I fill out a form with DOT and provide proof of the newspaper notices. DOT will attempt to contact the registered owner and get them to remove the vehicles. If there's no response, then they declare them abandoned and you can file for title as the new owner. Once you have the new titles, then you can sell the cars.
If the person removes the cars, you will have to go after them privately for unpaid storage fees or whatever.
Flipper/Rehabber 路 Nowheresville, NY 路 Member since 2015 路 31 posts 路 20 votes
3y
Glad to find this post. Just closed on a single family home we bought at the tax auction. Car in the garage, and old (probably not worth all that much) boat in an old barn. I'm in NY state so I'm sure there'll be some hoops to jump through!
Investor 路 New York City, NY 路 Member since 2015 路 388 posts 路 563 votes
3y
@Alexandra Isenhour - I had this situation once. No towing company would help, the police told me I had to mire myself in paperwork, and I kinda threw up my hands, since the former tenant(who I was on good terms with) kept saying, "I'm working on it, I'll get it done," etc. It's a little 2 family house I still own- the new tenants really wanted that parking spot. So they came up with a creative solution(btw- I'm 100% confident that those tenants, whose names I've forgotten, are outside the statute of limitations, which is why I'm sharing this story for the first time.)
The tenants literally lifted the car off the ground, moved it into the middle of the street, and left it there. Lol. It was towed pronto, and that's the last I've heard of it. Also- I can't say for certain that the above is what happened- I heard it through the grapevine 馃榿
I hope you correct your future lease to say "no more than one car on the property, and must be up to date and licensed".
I'd say there's a good chance someone walking by will release the handbrake and roll them into the street. The city will pick them up and send a bill to your tenant.