parking issue & pending eviction on tenant

[landlord51]

What is the name of your state (only U.S. law)? PA

Hello Again -

Thought I should start a new thread for this one but regarding the same rogue tenant I described in my other thread.

As I await the eviction hearing scheduled for the 21st of this month I was wondering if it would be within the law to tow this person's car off of my lot. I was thinking of typing up a memo addressed to her saying something like "vehicle with plate number xxx is parked on private property and will be impounded in 24 hours. Please remove vehicle immediately from this lot at [apt. street address]"

Just want to say I NEVER take actions like this. This is all very new. In fact there's another tenant being evicted because she's paid only partial rent since October but she's been there since 2006 and is operating on some level of honestly with me, but for financial reasons I can't carry her either. But this other case is a complete con job and dangerous and is adept at playing victim while she victimizes and I really want her out. Next thing you know she'll be doing the phony slip and fall job on me (I've had this before). This one knows know limits - want her out and the sooner the better, but will only act within the law.

Q: Am I asking for trouble?

 

[Zigner]

What is the name of your state (only U.S. law)? PA

Hello Again -

Thought I should start a new thread for this one but regarding the same rogue tenant I described in my other thread.

As I await the eviction hearing scheduled for the 21st of this month I was wondering if it would be within the law to tow this person's car off of my lot. I was thinking of typing up a memo addressed to her saying something like "vehicle with plate number xxx is parked on private property and will be impounded in 24 hours. Please remove vehicle immediately from this lot at [apt. street address]"

Just want to say I NEVER take actions like this. This is all very new. In fact there's another tenant being evicted because she's paid only partial rent since October but she's been there since 2006 and is operating on some level of honestly with me, but for financial reasons I can't carry her either. But this other case is a complete con job and dangerous and is adept at playing victim while she victimizes and I really want her out. Next thing you know she'll be doing the phony slip and fall job on me (I've had this before). This one knows know limits - want her out and the sooner the better, but will only act within the law.

Q: Am I asking for trouble?

Yes. Until she's evicted, she's a tenant. If a tenant is allowed to park a vehicle there, then she is allowed to park a vehicle there.

 

[atomizer]

You can tow is car is lacking registration/plates or inspection sticker/ not running and your lease so specifies. You can also defer to the city or county is they have enacted laws that also state similar violations. Otherwise, I would not go there.

 

[landlord51]

Ok, thanks. I won't do it; but I'd be interested in knowing a legal precedent you're going by, or if you're interpreting PA law as you know it.

Suppose I disallow it in writing? There's nothing stated in the lease about guaranteed parking - or anything about parking. The lady is getting 17 days of free electric on me, 6 weeks free heat, water/sewer, hot water, & trash removal. There's another apt building nearby without a private parking lot - only street parking for those tenants. I don't see why it's my responsibility to house someone's car who doesn't pay rent. If they don't like it they can leave. I'm hardly the bully-type landlord, but this scenario is off the charts for me.

 

[landlord51]

You can tow is car is lacking registration/plates or inspection sticker/ not running and your lease so specifies. You can also defer to the city or county is they have enacted laws that also state similar violations. Otherwise, I would not go there.

"Lease so specifies" meaning it should say already in the lease "vehicles parked without permission are subject to tow" - something like that? If it was already in there like that, I could do this with this one?

 

[atomizer]

Don't think so. When you gave possession you indirectly gave permission. Don't complicate things for yourself, as it will be over in about 3 weeks.

 

[Andy0192]

I'm not a lawyer, so take this advice for what it's worth.

I'm a PA landlord. In my experience, if the Magistrate decides you're trying to do some form of self-help constructive eviction, they might decide that YOU need a lesson in the law, not the non-paying tenant.

I'd let the law run its course & use the experience to do a better job pre-screening tenants, and look into writing a better lease next time. My feeling is that getting decent tenants trumps an iron-fisted Lease document as a method of preventing problems & financial loss.

Good luck with it.

 

[atomizer]

Is it common in your area for the LL to pay for trash removal? In my area, the tenants pay separate for trash removal.

 

[landlord51]

Alright - I'll take your advice. I don't want trouble.

 

[atomizer]

The judge will be looking closely on your notice to vacate. Be careful at the wording. You may stand a better chance with a notice stating that her lease is being terminated as of X date and she is expected to turn over possession on that date. I don't have my lease in front of me, but you may research vacate notices online.

 

[landlord51]

There's an (unsightly) dumpster on the side of the property and tenant takes their own trash to that dumpster. But yes, nearly everything is all inclusive, except electric, which only adds up when A/C is used.

Re screening: I hear ya. I totally agree with what you said that a good tenant prevents you from all of the other bureaucratic-like steps. And I do screen - it's just that this lady had a great "story" for me I bought - that her recent collections (all 27 of them in the last two years) were all due to this medical condition she's inflicted with & insurance won't pay for blah blah blah. She got me on the sympathy vote but then there was every excuse in the book why her check bounced and had me running up there every other day because she was going to give me the cash when she never had any intention. So I admit I'm taking this one personally. But I'll cool it. YOu're right about the district judge. I don't want him on my bad side either since I have to face him often, and that could turn, easily.

 

[landlord51]

The judge will be looking closely on your notice to vacate. Be careful at the wording. You may stand a better chance with a notice stating that her lease is being terminated as of X date and she is expected to turn over possession on that date. I don't have my lease in front of me, but you may research vacate notices online.

Well, in other cases, and maybe specific to this district in PA, when I file I state on what grounds I'm filing for eviction.

So when the hearing comes on the 21st, he'll mainly look at those grounds - non-payment on first month in this case and so far he has 100 percent of the time ruled in my favor. He'll ask if I'm willing to negotiate if they should come up with the money at a certain time, but it's my prerogative as the plaintiff to accept it or not. I haven't done this in over a year, so I'm foggy on it, but I believe that's been the procedure. And then if they haven't moved out after so many days after the verdict (or whatever it's called in civil cases - I forget ) they have 10 days to appeal it and THEN I can go for possession and pay more money (about $300) but they have another 10 days before the constable comes before that. I want rogue tenant out though before I pay the possession fees. btw: I have NEVER recover a dime in this process. I know I can place a lien, but again, might have to hire a lawyer for that.

 

[atomizer]

PA has been hit pretty badly by the recession. There are many people without jobs and landlords with vacancies. It has been like this for over 3 years with no sight of it ending. I recently rented on apartment that had been sitting there with no tenant for 2 years. All my applicants suck and it seems like everyone has problems. I don't want my tenants problems to be my problems so I only do M2M tenancy. If my manager screws up, then the tenant is out in a month or less, not 90 days in the winter. Be on the look out for people with unlicensed baby sitting businesses. You cannot just say no. The rejection has to be diplomatic and thoughtful.

 

[landlord51]

It does appear things are grim. I've already referred a few tenants who I care a lot about to the public assistance office, and who are now on section 8. I have been advised before about M2M and I see how it can get them out earlier; I don't know though, I'd really have to weight that.

It takes a lot of energy to be a landlord with multiple properties and I have been more than flexible with tenants during their hardships and have taken a hit myself and have kept apartments empty. But yeah - I was definitely too hasty with this one and I should not have believed her sob story - she seemed like she'd be okay. I've been requiring proof of income but I believed she was employed as a housekeeper and didn't have pay stubs, etc. It's when you're so understanding with people and then someone is deliberately conning you is the breaking point. That's a whole different type of tenant in my opinion.