Legal Question in Landlord & Tenant Law in Maryland

I recently had to evict a tenant from my rental property, for being over $5300 behind on rent. Upon moving out of the house, he left some of his personal belongings behind. After performing a joint walk-thru of the premises with myself, the tenant signed a form (written by myself) stating that he had taken all of his belongings that he wanted, and had no more interest in anything on the premises. The form also stated that he was relinquishing any/all interest and rights to/on anything he may have left behind at said property. He abandoned an UNTAGGED, UNREGISTERED vehicle on said property when he moved out 7 months ago. He left me the title to the car (but not the keys) as partial collateral for the $ he owes me. The vehicle's title is signed by its prior owner, but not my tenant. (My tenant didn't register the vehicle w/the MD motor vehicle admin., nor did he have it insured.) I went by the premises today, and the car is gone. It vanished sometime over this past weekend. Nobody (other than him and i) had any interest in that vehicle, so I'm assuming that he is the one that took it. Nevertheless, the car was never registered to either of us (unless he was able to somehow file for a lost title, and has since done so.) We haven't spoken since he moved out, so i have no way of knowing.

Question(s):

Is there any way to find out if he was able to register the vehicle with the mva?

Can I even legally report the car stolen?

Could I legally sign the title, and register the car in my name thru the mva, thereby assuming ownership?

Can I LEGALLY collect $ for storage of this vehicle over the past 7 months?

If so, How do I go about collecting that $$$?


Asked on 10/08/12, 3:29 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Assuming a tenant gave written authorization to run background checks, credit checks, etc., then a landlord can usually run whatever credit reports or asset searches are necessary, including finding out registered vehicles. After a judgment is obtained a creditor can use additional tools to locate assets.

Ownership of vehicles are established by title, thus if one's name is not on the title they will be hard pressed to claim legal ownership. If a debtor uses a vehicle as collateral to secure payment of some debt, the creditor should register a lien against title. If nothing was ever registered with the MVA it will be hard to establish any kind of lien after-the-fact.

A landlord can file suit for monies owed. After a judgment is won, the law provides a variety of means to collect on a judgment, including wage garnishment, seizing assets, etc. These tactics are not generally available until after judgment is obtained.

You are encouraged to seek legal counsel. While I hope the above general information helps, it does not substitute for specific legal information on your situation.

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Answered on 10/08/12, 5:14 pm


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