One of your tenants has just vacated your property, but they left their vehicle behind. This may seem like an unlikely occurrence, but it happens more often than you think. But what should you, as the landlord, do?
Contact the police
One thing you can do is contact the police and request that the abandoned vehicle be removed from the property as the vehicle is hampering with the use of private property. The removal would be at the expense of the last-titled owner.
If you’re in Detroit, call the local precinct and ask to speak to the Neighborhood Police Officer. Explain that the vehicle is abandoned and creates a hazard and needs to be removed. An officer will investigate to confirm that it is abandoned and will have it towed as the precinct’s schedule allows.
Use a writ of eviction
If the police are unable to assist, a writ of eviction will be necessary. To do so is time consuming as a judgment of possession must first be obtained and then a writ must be issued. A court officer would then be in charge of disposing of the vehicle and will then assess the cost against the property owner, which also could be later recovered through a suit against the prior tenant. This is, however, the option with the least amount of risk. Not only does it safeguard against an illegal-lockout suit over the vehicle itself, but also every other possessory interest that the tenant could claim if they vacated the property mid-term.
Sue the prior tenant
The last option would be to sue the prior tenant for trespass if it can be proven that they in fact left it there (title ownership would likely be enough proof). This would be the costliest and slowest option, but would likely allow for complete recovery of the cost of removal. This option would, however, carry the greatest amount of attorney’s fees, which aren’t guaranteed to be awarded even if the case is won.
If a tenant has left a vehicle on your property, don’t wait. Contact Aaron Cox Law today to learn more about your legal options.