I was trying to do this peacefully. I had a meeting with the trouble tenant with a facilitator going through parking limitation and he said he was ok with it. But appearntly not. He kept parked there on Sat Sun and holiday. As I leave early in the morning to go to work, he didn’t park there weeknights. I gave him plenty of chances.
The situation escalated when he parked on the driveway Wednesday night. I got home from work early as usual, then I left home to do my business and arrived home around 9pm. His car parked on driveway but he was not at home. I had enough. I proceeded to give him a notice on Thursday saying this is a warning and is the only and final notice, stating that he didn’t have permission from homeowner to park on the driveway and if it happens again, the vehicle would be towed in vehicle owner’s expenses. I also said in the notice that from the first house visit he was told that he only had street parking and told where he could park.
He got back home last night telling me he had done some research that I couldn’t add things to the lease during the lease term. I told him the notice isn’t adding to the lease and it isn’t changing the lease. He said that the lease didn’t say he can’t parking there. And he said that I couldn’t tow his car and he would have his lawyer come to discuss this with me last night.
Well, I was checking with the impound company Thursday and yesterday that has an account with my HOA, and they were checking with HOA before they were sure they can tow unauthorized vehicle on my driveway. So that's why I haven't had his car towed yet. Just heard back from the towing company this morning that they found the agreement between HOA and them that homeowner can call in to tow unauthorized vehicle parked on homeowner's driveway.
Now I gave him the notice and know the towing company can tow his car. I still wonder do I have the landlord right to do so. In what capacity the served notice be enforceable? How I know I didn’t volate tenant right?
Should I have his car towed if he refused to move today?