Seller Wont Move Their Car From The Garage
Hello,
Just wanted to get some legal advice. How much time do I have to give a seller to move their things out of the property. I purchased an investment property but the previous owner has YET to remove an old car out of the garage and some things in the shed. The tenant advised me that she was informed when she PREVIOUSLY signed the lease with the seller that the things would be removed. The property is located in California. Also, can I charge the seller for keeping the things in the garage after a certain amount of time ( i really want things removed so my tenants are happy).... all advice is appreciated.
I would not think that a previous owner has any rights to abandoned personal property. I would send a letter to the last known address of the previous owner, tell them they have two weeks and on this date you will move the car to the curb and call the police to report an abandoned car and the personal belonging will be moved to the curb for trash collection.
Brenda
This is just my reasoning tempered with a little experience and not a legal opinion.
I had a seller that did not leave and I went to court on an eviction and got a money judgment for continuing to occupy the property. I was awarded $3000/mo.--way above market rents.
The assumption is that when you closed, the seller and belongings are out of there, unless other arrangements are made for the seller renting from you, etc. This is what I would likely do.
I would take the position that what remains is junk to be removed and discarded. I would write a letter to the seller giving him/her one or two weeks to remove belongings and send two copies --one by registered mail. Most likely, the seller would respond. If not, at the end of the period I would have everything removed and send a bill for the removal cost. If there are repercussions, I feel my position is strong. I have the deed to the property, I can argue that no arrangements were made to store belongings and I have the notification letter and the signature of seller that the letter was received.
Alternatively, I might also call the attorney that handled the above mentioned eviction and ask if I might get a $3000/mo. judgment for housing the car and stuff in the shed!
Good luck with this,
Ed
Thank you Ed. I just sent a letter that she received (she "signed" for it). I have actually given her 30 days to remove it. MORE than enough time. I also let her know that if not removed after that time, I will be having it removed. Thanks for letting me know that I can send the bill to her..........is the law on my side in terms of making her pay to remove it. Also, I believe there is an old vehicle in the garage.....would you by any chance know of any companies where I can DONATE the car or do you think I should involve the police in having it removed. The property is in California. I RESIDE in Maryland.
You can not donate a car you do not have title on. It is also very hard to get a tow company to tow a car that you do not have title on. That is why i suggested moving it to the street, then calling the cops and reporting an abandoned vehicle. I haev had to do this with left over tenant cars.
Brenda
Im wondering if I can just contact the Hemet Police dept. and advise them of the circumstances since.....first, im not in California (im in Maryland) and CANT move the car to the curb and second Im not exactly sure my tenants ( i havent really asked them yet) would want to get involved with moving her car to the curb.
I have a property in CA where a car was left on my property when a tenant moved out. The city would not move it since it was not on city property, however they gave me the name of a company that towed it (for $35) and disposed of it.
rmdane, YOU ARE RIGHT...The car does NOT belong to the tenants.....as a matter of fact, the tenants said the previous owner promised them at the beginning of the lease that it would be removed.....the car and even some other belongings in the shed belongs to the PREVIOUS OWNER....