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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44179
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm a landlord. Just finished a leasing contract with one

Customer Question

I'm a landlord. Just finished a leasing contract with one tenant. One of her sub-tenant is a second hand car dealer. He left 3 cars in garage and drive way and blocked my way in and out. Wat can I do with these cars. Can I simply ask tow truck to remove them and ask that second hand car dealer pay all the expense?
Submitted: 1 year ago.
Category: Australia Law
Expert:  PhillipsEsq replied 1 year ago.

You need to first give a written notice to your Tenant regarding the cars and your intention to have the cars towed if they continue to remain there. Give the Tenant several days to speak with the subtenant. If the cars remain after you have given the Tenant the courtesy, then you would have the cars towed.

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Customer: replied 1 year ago.
thanks for reply. Will a message send from my phone to hers considered as a written notice?
Expert:  PhillipsEsq replied 1 year ago.

I just noticed that this question pertains to Australian Law. Unfortunately, I can longer assist because I am only licensed to practice law in the United States of America. So, I will opt out and move this post to Australian Law Category.

Best wishes,

Expert:  Leon replied 1 year ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You cannot remove them dispose of them without a court order.

You should contact the tenant and ask them to remove the cars or you will get an order from the court and they will pay the costs.

This should all be in writing.

If they do not do as you ask get an order from VCAT and then you can remove them without an issue or exposing yourself to any claim.