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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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I have a non paying tenent in Florida. Her lease was up Oct

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I have a non paying tenent in Florida. Her lease was up Oct 1, 2009. I went there Oct 27, 2009 (I live out of state). There was an unauterized vehical in the yard (her daughters). I told here it was in the way and not auterized to be there and I need it moved or I would have it towed. She told me the car would be gone by the weekend and she was going to move in two weeks. It is now two months later. my mother stoped by the house, she is there on vacation. She knocked no answer. Locks were changed. I called the sherrifs office and explained my situation that I was going to have the car towed and didn't want to do anything wrong. Tow truck came, mom sighned for me. This morning I talked to the tow man and he said my mother and I were going to be charged with grand theft auto and he had to give the car back. I am waiting to here from the detective. Why wouldn't the sherrif tell me not to do it. I beleive I did all I could do to do it right. Please give some feed back. Worried sick.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

hi

 

if the car was on private property then you have a right to have the car towed as it was trespassing. you nor your mom stole anything. i dont know what the tow company is referring to. sounds like the tow driver is confused or friends with these folks on your property and trying to scare you.

 

also, are you saying your tenant is still living there and they have changed the locks? have you begun eviction proceedings?

 

 

Customer: replied 5 years ago.
They are still there, 10 months behind and a 1,200. bad check. The tow man gave me a case # XXXXX told me the police want him to be states evidence. The case # XXXXX XXXXX they made him give the car back. but I have not herd from detective.
Expert:  Samuel II replied 5 years ago.

hi

 

that's insane. the car is illegally on your property - something is not right about the whole picture. but i dont think you should worry about being charged with anything. here is the FLA law that allows for the owner of property to have the vehicle towed - this link under section 713.78

 

which states in part that a vehicle can be towed legally when the owner of the property requests it.

 

2) Whenever a person regularly engaged in the business of transporting vehicles or vessels by wrecker, tow truck, or car carrier recovers, removes, or stores a vehicle or vessel upon instructions from:

(a) The owner thereof;

(b) The owner or lessor, or a person authorized by the owner or lessor, of property on which such vehicle or vessel is wrongfully parked, and the removal is done in compliance with ...

 

as to the eviction, you need to start those proceedings. a notice to vacate has to be mailed - and then you can file the documents in court - which then will allow you to have he sheriff remove them

 

since you live in another state, you should consider consulting with a florida attorney to do that for you - you can get a referral from the FLA Bar Associaton.

 

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22514
Experience: Handle criminal matters in both state and federal courts.
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