Towing tenant’s vehicles?

Question

I have a 3 unit property that was being rehabbed and is ready to be stabilized (filled to full occupancy). I have one current set of tenants (whom I inherited from prior landlord- what a gift) that parks more cars in the parking lot than they are allowed per their lease. They also are illegally subletting or have just moved in a random person (over 18) whom is not listed on the lease. Am I allowed to tow the unlisted person’s car because they are not on the lease? Additionally can I tow them anyways because they are parking more than their allotted cars in the lot? This is an issue because as I move in the new tenants they will need those spots and I don’t want the good tenants I have screened to have to deal with these people.

This tenant has occupied the property for over 1 year so I sent them a notice to quit or vacate (within 30 days) for their violations- parking too many vehicles and subletting/unauthorized persons on October 31. I also sent them a 30 day notice of termination of their month to month lease that came over from the old landlord. Do I need to post towing signs on the property or can I just tow for the reasons stated above? Any advice or insight would be appreciated.

Jim K. · Answer

@Kyle M.

Well, you've got a bunch of problems here, Kyle. The first question has to be, are you local to this place? Because if this is an hour's drive away, or even worse, a few states away, you're in an untenable situation if you're not working with a local property manager.

Let's assume the best case scenario, this is a local issue and you can get down to this building fairly easily.

The next thing that comes to mind reading all the questions you're asking here is that they are all really the same thing: Am I allowed to punish my tenants in this way? That's not the first question you should be asking. It is also not the right question to be asking here in the Bigger Pockets forums. Most of your questions are legal ones. Ask a lawyer. What are you going to tell a magistrate if you get nailed doing something illegal? "Well, Your Honor, there was this online forum, you see, and I asked, and this one guy with no last name, he told me to..."

According to what you write, these people have received paperwork from you stating that their month-to-month lease is up. They've also received paperwork stating that they have to quit or vacate. One thing that should be obvious to you is that they don't know what to think right now.

You're in the middle of a pandemic. Is this place in Easton, PA, outside Allentown? What kind of local restrictions on eviction have been put in place? Even if there aren't major local restrictions, how are the local magistrates/judges handling evictions?

And finally, the most important question: HAVE YOU TALKED TO THESE PEOPLE? Have you made a good-faith effort to make your concerns known? Or did you just drop paper on these people?

You really need to start there.

Can I tow their car? Can I throw them out? Am I the big boss here? All of that can wait.

You're a landlord, Kyle. You didn't invest in a mutual fund. Unless and until you hire a property manager, you have to talk to your tenants.

Salvatore Lentini · Answer

@Kyle M. - I've yet to have the need to follow through on the threat of towing.  I notify/warn all tenants in the building via email/text blast about the unwanted car.  I post a note on the windshield of the car of my intent to tow and within a week it magically disappears.  Getting your car towed is a pain in the butt and no one wants to deal with that.

Karl B. · Answer

I would line and numerically mark the spots. For example, if there are 6 spots then 1-2 go to unit 1, 3-4 go to unit 2, 5-6 go to unit 3. Let everyone know any cars parked in others' spots or parked in any other area will be towed.

Jim K. · Answer

@Kyle H.

Based on what you say above, your job is to ask questions, my job is to dispense free advice that is as useful as possible to you. I am your free mentor and your resource monkey, because why else would I ever want to comment on posts other than to help the original poster and only the original poster?OK, I understand. GO TALK TO A LOCAL REAL ESTATE LAWYER. Best possible free advice you're going to get on this subject.

Kathy Henley · Answer

Read the law in your area @Kyle M. Each jurisdiction has slightly different ways to curb unwanted behavior. Read the statute in your area and follow the procedure to inform the owner of the car and have it towed. The person living on premises without your permission is a trespasser. You could pay a lawyer to take care of the paper work for the eviction, they know stuff. Or attempt to learn it yourself. If you don't follow the protocol exactly, it takes longer. Sounds like time is important to clearing the way for new tenants, therefore you would benefit from hiring a lawyer with experience in landlord/tenant law.

Matt M. · Answer

@Kyle M.

Where is the property located?

My only experience with towing a car actually happened a month or so ago. A client of mine had a tenant since 2013. Last year he was cited for having a car on the property with no inspection/registration. Tenant cleared it up with police. He stopped paying once covid hit. He finally left end of August and kept telling us dates the car would be towed. Never happened. After doing some research the car we abandoned and after 24 hours on private property we were able to tow it.

Kyle M. · Answer

@Jim K. The property is in PA in a borough about 30 minute drive from Easton. The purpose of this discussion, which I’m sure is why most people comment here is to gather information from other more experienced folks if they have gone through something similar. I am not going to cite the discussion to a magistrate in court- not sure how that would work out.

To your other point I have verbally warned them but they didn’t seem to care and kept doing the same things that’s why I had to issue the notice to quit in writing so if it escalates to something larger I can show I did it in writing and they can’t claim “he never told me verbally.” He has been a tenant for over a year so violations of lease (other than non payment) comes with 30 days to remedy the violation or vacate. Additionally he was on a month to month lease he signed with the prior landlord. I have created my own lease with my terms because I am the new owner and told him he may have the option to sign that new lease contract if he wishes to stay after I inspect his unit and have everyone over 18 years old listed as a tenant on my lease. Then he stopped responding and keeps parking more cars there and has the illegal sublet/unauthorized person still living there.

Kyle M. · Answer

Thanks everyone. Tagging some of you bigger/more experienced PA guys for any insight here. I will call the borough where my property is located tomorrow to see if there is anything specific I need to comply with for them.... From what I gathered for the state of PA since it is small residential I don't need to post signage but that was just some random google searching. @Jim K. @Marc Winter @Matt M. @Salvatore Lentini

Kenneth Garrett · Answer

@Kyle M.

I agree with @Kathy Henley towing of vehicles is state specific and sometimes city specific.  In my area, we have to post towing signs of unauthorized vehicles with the towing company information on the sign.  As far as adding a tenant without permission is a violation of your lease if it is spelled out.  Of course during COVID everything is complicated in getting a tenant to move out.  In my state we have of course the CDC guidelines and too make it more painful we have a state mandate from the governor no evictions through the end of year.  It’s been extended a number of times.  I anticipate it will get extended again.

Good Luck.

Theresa Harris · Answer

Post a notice for each unit and also one on each of the vehicles (not just the ones in violation).  Give them a week and then follow through.

Towing tenant’s vehicles?

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