Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant
This answer was rated:

I own a rental property in Virginia. My tenant has had an

I own a rental property...
I own a rental property in Virginia. My tenant has had an unlicensed car in the driveway since May. She has received three notices that this is in violation of the HOA rules. The tenant says the car won't start. The HOA won't have the car towed because it's in the driveway, but they are happy to fine me for having tHis car on my property. Since the tenant won't move the car, can I have it towed away without any liability.
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
10/17/2013
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,694
Experience: Attorney
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Do you have a written or verbal agreement with the tenant?
2) If written, does the rental space include the driveway?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago
I have a written lease and the driveway is part of the agreement.
B,

Thank you for your reply.

Since the tenant won't move the car, can I have it towed away without any liability.

The Virginian statutes are not specific to such a nuanced circumstance. In other words, there is no law that states what a landlord's options are in such a unique situation. Therefore, we fall back on common law.

Since the tenant won't move the car, can I have it towed away without any liability.

Yes, but the landlord should first send a WRITTEN, CERTIFIED letter to the tenant giving them a reasonable amount of time to move the vehicle or else be liable for the tow.

The system has come up with a way to deal with this matter that is called "estoppel by aquiescence." Estoppel by acquiescence may arise when one person gives a legal warning to another based on some clearly asserted facts or legal principle, and the other does not respond within "a reasonable period of time". By acquiescing, the other person is generally considered to have lost the legal right to assert the contrary.

In this case, someone in your situation would send a certified letter and give them a few days or a week to move the vehicle because it is in violation of HOA bylaws and is making you liable.

You keep a record of what was sent, so that if they ever try to claim that you took the items without permission, you have the affirmative defense of estoppel by aquiescence.

Let me know if you need a sample letter. I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago
Eli. Great answer. thanks. If you could provide me with a sample letter, that would be great.
Thank you for your kind words.

Dear_____________,

This correspondence is in regards XXXXX XXXXX vehicle, currently parked on the driveway of (address). Please understand that under HOA bylaws, this is a violation. I have received ____ warnings/fines due to the vehicle being there.

You are therefore asked to relocate the vehicle in___ days of your receipt of this certified letter. If this is not done within the allotted time, I may have no choice but to have the vehicle towed and to have you be liable for the tow and storage of the vehicle.

Thank you in advance for your cooperation.

Sincerely,

Signature

Name


Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago
ok. one more thing. I already sent her 3 letters that I received from the HOA saying the car was in violation of their rules. None of these letters were sent by certified mail. What if she never signs for this certified mail? Is sending the certified letters enough or does she need to sign to prove she received them?
B,

Sending a certified letter provides a PAPER TRAIL (whereas others do not).

If she does not sign for the letter, then it will eventually come back to you. One can then claim that it was her own fault for ignoring repeated requests from USPS to come and pick up the letter. So keeping the letter once (if) it comes back should be proof enough.

Also, a copy of the certified letter should also be sent non-certified (so she will get it even if she claims she does not, one way or another).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,694
Experience: Attorney
Verified
Ely and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,694
102,694 Satisfied Customers
Experience: Attorney

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

102,694 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Im currently in at month to month Agreement. i gave my 15
im currently in at month to month Agreement . i gave my 15 days notice on the 21 to leave on the 6th. My landlord its stating i will have to pay a full months notice. Is this legal? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
My last question was deferred to another attorney. I haven't
My last question was deferred to another attorney. I haven't received an answer yet. Thank you, Carolyn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
My Association has sent me a violation letters that my
my Association has sent me a violation letters that my tenant committed past 5 years … read more
Ely
Ely
Counselor at Law
102,694 satisfied customers
For ScottyMacESQ, Mother is the who signed the lease
For ScottyMacESQ, Mother is the who signed the lease agreement but I was using the building for my business. Can building owner lock the building for not being able to pay rents? If so, how do we get … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,685 satisfied customers
What recourse do I have for the Apt complex I have been
What recourse do I have for the Apt complex I have been living in as caregiver to my ailing Mother who passed away on the 5th changing the locks and kicking me out. Her rent is paid for the month.… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I am a tenant in Illinois and I recently sent my landlord a
Hello I am a tenant in Illinois and I recently sent my landlord a notice to vacate letter stating I would be out by January 1, 2018… When I asked about my security deposit he informed me I would need … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If I'm on the lease with my girlfriend to our house, can she
If I'm on the lease with my girlfriend to our house, can she lock me out of the house? And can she call the police if I'm at my house?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,621 satisfied customers
I was contacted by the water company that the use on my
I was contacted by the water company that the use on my rental property was extremely high. I immediately sent contractors and plumbers to inspect. They found a leak that had gone on so long the wood … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Im 2 weeks late on my rent and i received a letter today
Im 2 weeks late on my rent and i received a letter today saying i need to pay my balance plus an additional $500 for legal fees. I usually pay late however Im never behind other than the couple weeks … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
My lease ends Dec 31st. my now ex-boyfriend is moving out.
my lease ends Dec 31st. my now ex-boyfriend is moving out. as of now, both our names are ***** ***** lease.i will remain in the condo. how do we go about removing his name from the lease? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
Does a super always have the right to enter an apartment?
Does a super always have the right to enter an apartment? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Tenant is asking me to pay for desposed furniture. Tenants
Good Afternoon, Tenant is asking me to pay for desposed furniture. Tenants states it happend because she had bedbugs. I rented apartment a yearand half ago without bedbugs. Oncr she told me I sent ext… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I lived in an apt for 2 yrs. On the lease it says rent is
I lived in an apt for 2 yrs. On the lease it says rent is due on or before the 3rd of the month. after that its $75 late fee. for over a yr I dropped my rent check in the drop box after the office was… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,807 satisfied customers
I'm trying to pay my rent late but the landlord won't accept
I'm trying to pay my rent late but the landlord won't accept it. They have … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,926 satisfied customers
What is the cost to ask a question? I am a tenant.
What is the cost to ask a question? I am a tenant. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I need to know if I am able to see what CAM prices that my
HelloI need to know if I am able to see what CAM prices that my landlord is charging to other tenants in the past 5 years. I think he adjusted my rate because he doesn't like me. Is he allowed to do t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,888 satisfied customers
Have some issue with my previous apartment lease. NJ. They
They have sent my profile to collection agency for collection I was on month on month and vacated the apartment with oral notice but they said i did not give any notice...as they forgot me … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I have what I believe is a mice/rat infestation in my home
I have what I believe is a mice/rat infestation in my home and my landlord has been made aware of this and has refused to take care of the problem with paying an exterminator because "it's not his res… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x