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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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A month to month tenant left without notice, leaving 2 autos

Customer Question

A month to month tenant left without notice, leaving 2 autos on my property. We were told by a third party that he was in Florida. I want these autos removed. One car is a BMW inspection 2013, registration 2014. The other was has until 6/2016 inspection & 2/2016 registration. I want to know my legal course of action. We found out that he will be returning to our town in the spring. Not only did I not receive 30 days notice about his vacating & his residence left in a filthy state, am I now required to harbor his autos? We live in a snow belt which requires plowing after storms & can not permit these vehicles to remain in a very small parking lot. The person who claims to be owner does not reside at this address. We will be contacting the police to ask for assistance. Can we have the police tow the cars to an impound station? What are my rights & liability in this matter? Please advise. ASAP
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are you saying that the legal title owner is not the same person as your tenant who skipped town?

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Or have you not been able to determine who the legal owner is yet?

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thanks

Barrister

Customer: replied 11 months ago.
I assume this person is the legal owner. These autos have been here all summer. Am I to understand I must find out who legally
owns these cars? I need to know what my recourse is so that I may inform this person of my legal intent.
Customer: replied 11 months ago.
Just let me know what is the proper procedure to follow.
Expert:  Barrister replied 11 months ago.

Ok, I was a little confused by your comments and whether there was a third party involved who claimed that they owned the vehicles.

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The person who claims to be owner does not reside at this address.

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If this is the case, then they have no legal right to park their vehicles there unless their lease states that they can. So if they have just taken off and left the vehicles, then if they are illegally parked in a lot where they aren't allowed, you can just call a towing company to have them towed as long as you have the property posted as private property.

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If this is where the tenant is legally allowed to park, and they have left their vehicles there, then you will have to pursue a formal eviction against them in court to get a judgment and a writ that the sheriff can then execute so you can legally have the vehicles towed off the property.

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If the tenant left without notice and the rent hasn't been paid, you can post a 3 day notice to pay or vacate on their door and then proceed with a normal eviction through the courts in order to get the judgment and writ that will allow you to have their personal property (i.e. the vehicles) removed from your property.

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Let me know if you need details about the eviction process if you aren't already aware of them..

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thanks

Barrister

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