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Can you direct me to to the relevant code; my current tenant…

Customer Question
Can you direct me...

Can you direct me to to the relevant code; my current tenant has abandoned a vehicle in my back yard and refuses to move it. I can have it towed for $350. Can I used his rent payment to pay the charge, essently meaning he has not made the rent payment

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

I am sorry. this is in the city of los angeles

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease is only for the unit, not the common areas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really. The only info I can find is on the tenant side.

Submitted: 29 days ago.Category: Landlord-Tenant
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Customer reply replied 29 days ago
I am in the CIty of Los Angeles. The building is a 4 plex build in 1978 and therefore subject to the RSO. The car is a junker and so the tow company will not take it without charging me $350. I want to have it towed and then use the monthly rent check to cover the tow charge. Obviously that would result in non payment of rent. I wanted to give him plenty of notice that I would be doing this and that he does not then I would have it towed, use the rent check for the tow fee, then file the non-payment of rent eviction notice since it would be a breach of the lease
Customer reply replied 29 days ago
attached is copy of the lease in case it is helpful
Answered in 5 hours by:
3/29/2018
Lawyer: Asad Rahman, Lawyer replied 28 days ago
Asad Rahman
Asad Rahman, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 2,400
Experience: Practicing Attorney with 10 years experience
Verified

The attached does an excellent job of highlighting your scenario. As long as you gave the tenant notice and the opportunity to move the property, you can have it towed and assess that charge against their deposit.

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Customer reply replied 28 days ago
Thank you for your response. I do not see an attachment. Would you please cite the relevant CA codes that underpins your response (I always like to be able to read statues). Does it make any difference if he states on the memo the designated use of the money is rent?
Lawyer: Asad Rahman, Lawyer replied 28 days ago

https://www.marincounty.org/~/media/files/departments/da/consumer-guides/lt5.pdf

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Customer reply replied 28 days ago
Thank you. I had seen this content in my Independent research. The document and results of my research all refer to the possessions of a "former tenant". In my case it is a current tenant. Is there case law that addresses what can be deducted from a current tenant's check that is given for the purpose of rent?
Lawyer: Asad Rahman, Lawyer replied 28 days ago

I'm sorry. That's a fair point and distinction. My research indicates that you simply treat that like any other breach like missed payments, that they fail to cure and you need an eviction and writ of possession first before removing his belongings. You can send a demand that you will tow it within a certain timeline and then fails to respond, then most courts would honor your right to do so.

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Customer reply replied 28 days ago
The problem is that there is no "breach" so far as i can tell. He has rented the unit. The vehicle is in the yard. It would appear to me that there would not be a missed payment unless i can legally assess the charge and i want to make sure that i can do that, being able to cite statutes or case law to back it up.I can see how if there was damage to the unit i could deduct from the deposit and then state that he has not met the deposit requirement since it has been used and he therefore i take from the rent to top up the deposit.Are you able to explain how this would be a valid charge for which non-payment would constitute s breach. LA is very tenant friendly and this would never get to the stage of an eviction without costing a bundle
Customer reply replied 28 days ago
Towing is the easy part, i don’t want to pay the $350, i want to pass that charge on
Lawyer: Asad Rahman, Lawyer replied 28 days ago

Let me opt out and perhaps one of our other California law experts has some suggestions.

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Customer reply replied 28 days ago
I appreciate your time
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Asad Rahman
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