Ca for ransom

luconbeach · Jun 11, 2011, 05:43 AM

A tenant moved and left a car in the yard. I know I can have it towed but can I hold it for ransom for the $3000 rent they owe?

tickle · Jun 11, 2011, 06:32 AM

Why did they leave it if is worth anything? Is it worth $3000?

ScottGem · Jun 11, 2011, 06:39 AM

First, please be more careful in choosing a forum to post in. I moved this from the Movies forum. I though you were asking about a movie.

You first, have to take them to court and get a judgment for unpaid rent. Then you can seize any abandoned property.

Are you sure they moved out? Did they give notice, turn in the keys?

luconbeach · Jun 11, 2011, 07:11 AM

The court date is set for Tuesday but they are moving today. Someone is coming Sunday to possibly purchase the home.

luconbeach · Jun 11, 2011, 07:39 AM

They probably move from place to place and pay 1 month rent and don't pay any more until they are forced to leave. ( I'd hate to live like that) When they moved to my home, they waited a week to move the car. They said it belongs to their daughter. I think she may be in jail since these people have their 2 children. The car is a Volvo sedan. Probably worth more than $3000.

luconbeach · Jun 11, 2011, 07:43 AM

We went to the home. They said they will have everything out today.

Fr_Chuck · Jun 11, 2011, 08:02 AM

But no you can not hold it for ransom. I often find if a tenant moves out it is much easier if they leave major furniture in home or large items in the yard, not to consider them moved out, but to evict them, that gives me legal status to remove items from the home or yard.

As for as the unpaid rent and most likely damages to the home you will need to sue them for those.

luconbeach · Jun 11, 2011, 08:29 AM

I know this makes me sound like the bad guy, but the tenant before these people left owing almost $5000. They kept giving different excusesas to why they could't move.Reasons like -they could't move because they had company coming that weekend, they wanted to purchase and was waiting to hear from the bank, etc. When she left she totally destroyed the house. We spent thousands of dollars fixing it back. Now these people move in and do the same thing. I will never rent it again.

ScottGem · Jun 11, 2011, 08:34 AM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Originally Posted by luconbeach

They probably move from place to place and pay 1 month rent and don't pay any more until they are forced to leave.

And you didn't check references when you rented to them? Have you inspected the premises for damages? Did you get a security deposit?

Originally Posted by luconbeach

The court date is set for Tuesday but they are moving today. Someone is coming Sunday to possibly purchase the home.

What court date? Did you serve them a pay or quit notice? Have you filed for eviction?

So they have not moved yet, that's not the impression you originally gave. It would have been best to give us the whole story in your initial post.

So, no, you cannot seize any property until you have a judgment against them. The court hearing you have may only cover the eviction, it may not include a judgment for damages. Housing courts work differently in different areas.

AK lawyer · Jun 11, 2011, 01:35 PM

Originally Posted by luconbeach

A tenant moved and left a car in the yard. I know I can have it towed but can I hold it for ransom for the $3000 rent they owe?

In many states, distraint for rent (a/k/a landlord's lien) has been abolished. Where are you?

I would consider having the car towed. That way it becomes somebody elses's problem.

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