GETTING RID OF TENANTS LEGALLY - Posted by mo

Posted by mo on October 24, 2001 at 13:24:54:

Great advice-thank you! Would posting in parking lot or handing outgoing clients a copy of the city ordinance be helpful, too pushy or problematic? Would posting the ordinance provide any protection from people angry about their cars being towed. Also, is it helpful or lucrative to set up a relationship with certain tow companies? Mo

GETTING RID OF TENANTS LEGALLY - Posted by mo

Posted by mo on October 24, 2001 at 12:02:17:

I have recently bought a downtown home with a small parking lot behind it. I am attempting to get rid of the old parking tenants legally and carefully (the tenants are lawyers). At the beginning of October I mailed them all certified letters explaining that as of November 1 I’d be using most parking for personal use, but the few remaining spots might be available to rent for $150 (they were previously paying $50/month)

The parking is month to month and all tenants paid the old landlord through the end of october only. At the end of september/beggining of october their old landlord gave them verbal notice of the upcoming change of ownership. The first week of october I mailed them certified written notice of the change of ownership and the fact that their parking spaces would not be available after 10/31. Now that I’m living in the house I plan to speak with them in person as they show up for parking in the morning. I’m not sure what else I can do to ensure that they will vacate their spaces after October 31. I plan to be monitoring the lot the morning of November 1st. As I said before, these tenants are lawyers, so I want to make sure I’m taking every possible step to protect myself from them. Any advice is appreciated…

Re: GETTING RID OF TENANTS LEGALLY - Posted by BR

Posted by BR on October 25, 2001 at 08:24:53:

You need to check the local statutes. If the notice you have already given falls within the guidelines of the statutes they will most likely vacate the parking lot by the 31st or contact you to make future arrangements. If the notice you gave does not fall within the guidelines of the statutes just give them proper notice. Dealing with attorneys shouldn’t be any different than dealing with any other tenant. You should operate within the law, and if you do they will most likely follow suit. If you run into a bad apple send them a notice that you intend to file suit, and be sure to cc: the local bar association… they’ll love that.

Re: READ THIS! - Posted by Tim Jensen

Posted by Tim Jensen on October 24, 2001 at 21:26:08:

Mo,

I see a problem here. If the tenants are on a month to month lease then you need to give them 30 days notice. In other words, you have to give them 30 days notice prior to the first of the month.

Let me try to explain. If you would have given the tenants the notice anytime before October 1 then they would have to be out by November 1 or face towing. However, you gave them the notice the first week of October, that means they have until December 1 to park there. Hence you did not give them a full 30 days notice. This may not be a problem, unless you tow the cars. You need to give them proper notice. I would resend them notice and inform them that they can no longer park there after December 1, 2001. That way there is no doubt that they got their full 30 days notice.

I am sure that most of the people will stop parking there on November 1, however you do want to cover yourself. This is my free opinion, so you get what you pay for. If anyone else sees a problem with what I am saying please speak up.

Tim Jensen

My point is that if you gave them

Re: GETTING RID OF TENANTS LEGALLY - Posted by Ken

Posted by Ken on October 24, 2001 at 20:48:08:

Raise the rent to some obscene amount. Most will go, and the few that stay will be at a rate to make it worth your while.

Or, come the morning of the first, block the lot. This isnt a residential tenant / lease situation.

Re: GETTING RID OF TENANTS LEGALLY - Posted by wen

Posted by wen on October 24, 2001 at 13:45:20:

I had trouble with adjoing property residents and guests parking in my apartment building lot, leaving no room for my tenants. I purchased a towing sign (only authorized persons allowed to park here, others will be towed) from a towing company and posted it visible yet outside someone’s reach. It includes the towing company’s phone number. Residents were advised to let me know when there are illegal parkers. Also, I have makes, models and tag numbers of my tenants so I know which cars do not belong to residents. So far, I haven’t had to call, but am prepared to do so. If the offender was towed, the sign states that they are responsible for paying the costs. My only cost is the $25 sign. Look in phone book, or keep an eye out for similar signs to see who the towing companies are in your area. Don’t know if this will work for your situation. Ohio here.

Re: GETTING RID OF TENANTS LEGALLY - Posted by John C. Wade

Posted by John C. Wade on October 24, 2001 at 13:43:01:

Since the “parkers” are all lawyers…why not just trade legal services for parking space rent? Just pick out the board certified/“Best” lawyers,and have them sign a contract for eternity giving you free legal representation?

Re: GETTING RID OF TENANTS LEGALLY - Posted by David Krulac

Posted by David Krulac on October 24, 2001 at 12:19:41:

sone cities have ordinances about parking on private property and towing the cars away. One city will tow the cars to the city pound and charges towing and days stays. Other cities allow private tow trucks to enpound cars on private property. Check with your city government or police department.

Re: GETTING RID OF TENANTS LEGALLY - Posted by Tim Fierro (WA)

Posted by Tim Fierro (WA) on October 24, 2001 at 12:12:03:

It might be good to have a few signs posted. I am not sure which sign is more appropriate, or adequate.

Tresspassers will be towed

or

Private property

Something indicating that this lot is NOT a public parking area.