Tenant Selling Used Cars - What to Do?

Question

I have an overall good tenant who i inherited from the previous owner who is polite, professional, and pays on time BUT she also appears to be selling/dealing used cars in addition to her 9 to 5.  This property is a triplex in a nice neighborhood - she has her own garage and long driveway, but keeps parking used cars in other tenants' parking areas.  There are currently 6 cars belonging to her at the property.  The tenant in unit B is super laid back and told her it is ok if she parks in his area since he only has one car.  Unit C has been vacant for this month but I'm trying to fill it and several people have remarked/questioned all the cars in the driveway - makes it look like a lot of people are living there.

I've spoken to her about this before and she always moves the cars when I ask her to.  Today, however, she sent me a terse response that she doesn't understand what my problem is (previous landlord never had an issue with it) and that she will not be renewing her lease, which expires 1/31.  Normally these units rent within a week, but winter is a tough time to find good tenants.

Do I allow  her to continue parking all these cars just to keep her through the winter or should I say good ridance at this point?

Kim Meredith Hampton · Answer

Ericka,

Move on, she is nothing but a problem. Obviously, she has no respect for you, and I don't think that is going to change anytime soon.

Bettina F. · Answer

I would let her go just because of the threat.  If she were my tenant, I would have already issued a cure or quit because my rental agreement forbids running a business out my apartments.

You can rent apartments any time of the year.  Demand goes up as soon as people start getting their tax refunds in February.

My standard response to tenants saying "the old LL let me do ______" is to say "Old LL was not making any money.  That is why he sold the building."

Cara Lonsdale · Answer

Let it go, let it go

Can't hold it back anymore

Let it go, let it goTurn away and slam the doorI don't carewhat they're going to sayLet the storm rage on.The cold never bothered me anyway

LOL....I find that when dealing with Tenant's and their threats, it's best to consult Disney.

In all seriousness, let this Tenant go.  Her lease most likely prohibits her from running a commercial business from her unit.  You can issue her a Cure Notice.  This is basically a violation notice that she has to correct within 3 days.  If she is not compliant, you have grounds to evict her.

When you have these types of issues, you really should be documenting them through the lease paperwork that you have in front of you.  The lease is your guide, and serves as your instructions for everything that comes with the relationship between Landlord and Tenant.

When a Tenant bucks up like this and threatens, they are trying to leverage a power over you.  Once you give that up, you're sunk.  You must remain in control.  I like to think of it like a parent/child relationship.  It's not meant to be derrogatory, but rather to illustrate how Tenants can be similar to children in that they are constantly pushing boundaries.  It is your job as the parent/landlord, to redefine the boundary and enforce it so that you both have security in that relationship.  You may find that when you reinforce that boudary with this Tenant, she backs down and becomes compliant....or she moves out, and makes way for a new Tenant who won't scare off the other Tenants.  Either way, it works out for you.

Edward Hamill · Answer

Assuming it is in Georgia, she could be breaking the law (curbstoning) and you could be in trouble if you allow it, so getting rid of her is your smart move.

Curbstoning is selling of 5 or more used cars without a license.  If she does have a license, she is in violation of running a commercial business out of a residential zoned property, so its a lose-lose for her.

- here is a link to the law passed in 2007

https://giada.org/wp-content/uploads/2017/01/ocga-...

Thomas S. · Answer

Good riddance. Never allow a tenant to operate any business out of a rental property. It is likely counter to local building codes and places you at a high risk of liability. A residential rental property is not a business location. You should have put an end to the practice when you took over the property. By only asking her to move the vehicles you were lax in your responsibilities to all your tenants.

Sam Leon · Answer

I would let her go.

On my lease agreements the tenants have to park at their assigned spaces (if it's assigned) or if unassigned they must register with me their brand/model/plate numbers on "authorized vehicles".  Besides registered cars the only other vehicles allowed would be guest vehicles.

If she's buying and selling used cars do they have plates on them?

If her lease ends January, and it's already close to the end of December now, don't you need to have a renewal secured and signed typically not less than 60 days?  I typically let tenants know 90 days prior to lease expiration and they need to sign a renewal not later than 60 days prior.

Tenant Selling Used Cars - What to Do?

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