Abandoned Motorcycle in Arizona Rental
Broker · Phoenix, AZ · Member since 2015 · 351 posts · 273 votes
Does anyone know what the "Arizona" law is for an abandoned vehicle in a rental unit. Is it treated like any other personal item left? Do I need to turn it over to the police? Can I apply for a title for it?
My rental property was trashed and abandoned. There are still a lot of personal items leftover, including the bike. I also don't believe that it is stolen.
Thanks for any info.
@Account Closed I think there is merit to what @Brian Mathews suggested assuming the vehicle has little value. Dealing with storing large items like motorcycles or cars and trying to take possession is a major hassle. If the vehicle is abandoned in the street, it will be towed to an impound lot.
There are some major issues with this response. #1 it's illegal, if the tenant can prove what you did, you'll get sued at best, or maybe arrested for theft or criminal mischief. If I was the tenant I'd do anything I could to press charges. It's just STUPID to do something like that! All the tenant needs is a picture of where they left the vehicle and a statement to the judge saying they did not put it in the street. You will lose that fight. I'll also repeat that it is against the rules here to suggest illegal activities!
Secondly, like I already said, every state has different laws. What works in one will not work in another. In some states is it not hard to get the title for an abandoned vehicle. A lot of states will allow you to charge storage fees during the process of getting a title, and therefore, it could be more profitable for you if the process takes longer!
Additionally, assuming the vehicle has little value is a bad assumption...you have no reason to believe that.
@Account Closed I think there is merit to what @Brian Mathews suggested assuming the vehicle has little value. Dealing with storing large items like motorcycles or cars and trying to take possession is a major hassle. If the vehicle is abandoned in the street, it will be towed to an impound lot.
There are some major issues with this response. #1 it's illegal, if the tenant can prove what you did, you'll get sued at best, or maybe arrested for theft or criminal mischief. If I was the tenant I'd do anything I could to press charges. It's just STUPID to do something like that! All the tenant needs is a picture of where they left the vehicle and a statement to the judge saying they did not put it in the street. You will lose that fight. I'll also repeat that it is against the rules here to suggest illegal activities!
Secondly, like I already said, every state has different laws. What works in one will not work in another. In some states is it not hard to get the title for an abandoned vehicle. A lot of states will allow you to charge storage fees during the process of getting a title, and therefore, it could be more profitable for you if the process takes longer!
Additionally, assuming the vehicle has little value is a bad assumption...you have no reason to believe that.
Unfortunately Ryan you took me out of context and deleted the second part of my post in your response. Please take the time to read posts before responding in the future. You deleted the part where I stated FOLLOW STATE LAWS and the other part where I said DETERMINE IF IT HAS VALUE. In fact I gave a specific example of a situation where a vehicle had considerable value, but in other cases there could be no value. Most states don't require you to store items of no value. For example a junk car that would only fetch $50 from a junkyard for scrap metal is probably under that value. If you did push a vehicle like that into the street, the city has a legal process for marking abandoned vehicles and the impound has a legal process for contacting owners to pickup the vehicle. The vehicle owner would need to pay the towing fee and storage fees.
Lets be realistic, the type of tenant that leaves property such as a vehicle when moving is very unlikely to take a landlord to court. It is even more unlikely that the tenant would have taken a picture. Then to say a judge would accept that as proof of where it was left, is unlikely. Then to say someone could be arrested is a major stretch. The obvious question is what harm was done by putting it in the street? The impound lot will let the owner pickup the vehicle if they pay impound and storage fees. That is not different than a property owner charging storage fees. In fact you are probably better off dealing with an impound lot than an angry landlord. Some states will allow the landlord to have the vehicle impounded from their private property.
Bottom line is determine value. If it is not worth your time based on value, get rid of the vehicle. Items of no value have no storage requirement in most states. Follow your state laws.
@Account Closed I think there is merit to what @Brian Mathews suggested assuming the vehicle has little value. Dealing with storing large items like motorcycles or cars and trying to take possession is a major hassle. If the vehicle is abandoned in the street, it will be towed to an impound lot.
There are some major issues with this response. #1 it's illegal, if the tenant can prove what you did, you'll get sued at best, or maybe arrested for theft or criminal mischief. If I was the tenant I'd do anything I could to press charges. It's just STUPID to do something like that! All the tenant needs is a picture of where they left the vehicle and a statement to the judge saying they did not put it in the street. You will lose that fight. I'll also repeat that it is against the rules here to suggest illegal activities!
Secondly, like I already said, every state has different laws. What works in one will not work in another. In some states is it not hard to get the title for an abandoned vehicle. A lot of states will allow you to charge storage fees during the process of getting a title, and therefore, it could be more profitable for you if the process takes longer!
Additionally, assuming the vehicle has little value is a bad assumption...you have no reason to believe that.
Unfortunately Ryan you took me out of context and deleted the second part of my post in your response. Please take the time to read posts before responding in the future. You deleted the part where I stated FOLLOW STATE LAWS and the other part where I said DETERMINE IF IT HAS VALUE. In fact I gave a specific example of a situation where a vehicle had considerable value, but in other cases there could be no value. Most states don't require you to store items of no value. For example a junk car that would only fetch $50 from a junkyard for scrap metal is probably under that value. If you did push a vehicle like that into the street, the city has a legal process for marking abandoned vehicles and the impound has a legal process for contacting owners to pickup the vehicle. The vehicle owner would need to pay the towing fee and storage fees.
Lets be realistic, the type of tenant that leaves property such as a vehicle when moving is very unlikely to take a landlord to court. It is even more unlikely that the tenant would have taken a picture. Then to say a judge would accept that as proof of where it was left, is unlikely. Then to say someone could be arrested is a major stretch. The obvious question is what harm was done by putting it in the street? The impound lot will let the owner pickup the vehicle if they pay impound and storage fees. That is not different than a property owner charging storage fees. In fact you are probably better off dealing with an impound lot than an angry landlord. Some states will allow the landlord to have the vehicle impounded from their private property.
Bottom line is determine value. If it is not worth your time based on value, get rid of the vehicle. Items of no value have no storage requirement in most states. Follow your state laws.
Don't feed the troll. Unfortunately I did.
Obviously you have not been to small claims court before. You're right, a lot of dead beat tenants wouldn't know the first thing about starting a lawsuit, but others do. Some people are professionals at suing their landlord, and make good money at it.
If you move a person's vehicle without permission, you have committed a crime in all 50 states. Doesn't matter how low the value is. Doesn't matter how bad the tenant was. If the tenant goes to court with proof of where they parked, and you have nothing to say for yourself, you are going to lose every time. Yes, a picture and their word will be good enough, if you do not have any counter evidence. If a landlord ever did anything like that to me you can bet I'd be the one to sue them.
Again, I'll repeat: It is STUPID to do anything like that. Even if you "probably" won't get sued, you'd be incredibly ignorant to try it and see what happens. Even if you win do you want to go to court for that? You have to follow the laws in your state, whatever they may be. PERIOD. There are no states that allow for moving of another person's vehicle without their consent, even one inch.
You're welcome to give whatever advice you want, but so am I, and your advice is not anymore correct than mine is...however, mine doesn't violate any laws.
If you move a person's vehicle without permission, you have committed a crime in all 50 states.
You are entitled to your opinion but law is not a matter of opinion. Only lawyers should be giving legal advice and as I have stated in every post, check your own state laws. Obviously you have not researched law in all 50 states, because in my state abandoned vehicles can be moved from public or PRIVATE property and it is completely legal. In fact 24 hours is the standard for abandoned vehicles on private property.
You are correct that you need permission to move the vehicle, but not from the vehicle owner, from the land owner or tenant (no longer a tenant once they leave):
32-36-4.1. Removal of abandoned vehicles from private property without written permission prohibited. No removal agency may remove abandoned motor vehicles from private property without the written permission of the landowner or tenant. A violation of this section is a Class 2 misdemeanor.
Let me give you a situation and I doubt you will actually respond, because you ignore 90% of what I post. I should say you ignore the parts that don't support your agenda. Let's imagine your house has a two car garage and your car is parked inside. My friend and I both drive our cars over and park in front of each of your garage stalls. Your cars are completely blocked inside your garage.
I would call the police and they would give me directions for how to have the vehicle towed off my property.
What would you do?
I have to pare down your posts because you post such an incredible amount of incorrect ********. Yes, if you block somebody else inside a garage they can call the police. That has ABSOLUTELY NOTHING to do with the subject here. That is a form of kidnapping.
On the other hand, if a tenant leaves a car in your front yard, you can't touch it. You can't open the door. You can't tow it. You can't do anything without permission. NOT ONE INCH!
I have to pare down your posts because you post such an incredible amount of incorrect ********. Yes, if you block somebody else inside a garage they can call the police. That has ABSOLUTELY NOTHING to do with the subject here. That is a form of kidnapping.
On the other hand, if a tenant leaves a car in your front yard, you can't touch it. You can't open the door. You can't tow it. You can't do anything without permission. NOT ONE INCH!
Incorrect, on your private property as long as they are outside their lease, most any state laws will allow you to have vehicles removed. Usually within 24-48 hours. The example I gave about your property is no different than if it was your rental property. If I put my car on your private property, it not any form of kidnapping. (Kidnapping is something completely different - no idea where you draw that parallel). It is an abandoned motor vehicle on private property.
Cars in your front yard is an entirely different matter. Maybe not in North Carolina, but in my city it is illegal to park your car in your front yard. Cars must be parked on paved surfaces (driveway) if in the front of the house. In that situation any vehicle would be tagged, owner fined and vehicle towed.
It is all about knowing the law.