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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 11641
Experience:  JD, MBA
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Can I remove an unoperational vehicle from my tenants dri

Customer Question

Can I remove an unoperational vehicle from my tenant's driveway?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “Can I remove an unoperational vehicle from my tenant's driveway?”

Answer: If the driveway is part of the property that the tenant leased, then you cannot remove it. When you leased the property, you gave up your right to use it for that period, and thus, you do not have the right to decide whether your tenant may store a non-working vehicle there. Of course, that answer would change if either (1) there is something in the lease that allows you to remove it (e.g. the lease could state that only registered vehicles in working order may be stored there), or (2) the law requires the vehicle to be moved (e.g. a local law could state that only registered vehicles in working order can be seen from the street). If there is no applicable lease provision or law, then I’m afraid you’re stuck. At the least, you can add a relevant clause in your leases in the future.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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Customer: replied 7 years ago.

This property is under HUD regulations (Section 8) and they are the ones whom want me to remove the vehicle. According to them, No vehicle can be parked in the tenant's driveway if it is not operating. I showed them the PNO registration from the department of motor vehicles and that does not satisfy them. They simply do not want unoperational vehicles on the driveway. I also requested from them a copy of their quidelines where it states this and they said it's on the HUD guidelines. I have not found anything on it so I simply need the vehicle gone so I can get my rent payment. I need to know what I have to do.

Customer: replied 7 years ago.

Where can I get the HUD regulations to see if the housing authority is correct?

Expert:  TJ, Esq. replied 7 years ago.
Oh, I see. If HUD requires it, then the vehicle must be removed because both you and the tenant agreed to abide by HUD regulations when you both agreed to work with HUD.

You can find the applicable regulations HERE.

I don't think you should have the vehicle towed, however, without first evicting the tenant. So, you'd need to send a 30 day notice to vacate, then file eviction papers for violating the lease/HUD restrictions, then have the vehicle towed when the tenant finally leaves (or the tenant may take the vehicle with him/her).

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