Legal Question in Real Estate Law in Maryland
landlord rights involving vehicles
I live in a rental property managed by Century 21. I am the lease holder. I had three roommates whom I gave thirty day notice to in January. One of the roommates disappeared in February, thus overstaying the thirty day notice. I filed a ''tenant overstay'' case which was decided on 4/4. The tenant recently reappeared (3/28) and left a note on my door wanting to pay back rent and retrive his property. He has since gotten his household items (furniture, tv's etc.). However, he still has a Van sitting in my driveway. The Van is broken and would have to be towed. I have repeated called him requesting he have the Van removed. He has told me on many occasions over the last couple of weeks that he had someone coming to get the Van. I am fed up with his delays and want the vehicle removed. What are my rights in this matter? What can I do to get rid of the vehicle? Can I simply call an impound towing place? The ''overstay case'' was decided as I stated and I can now file with the Sheriff to complete the eviction. Since, his property is gone there is nothing to evict. Would the Vehicle be covered under the eviction? I guess I just want to know what I can do to quickly and easily get this vehicle removed.
2 Answers from Attorneys
Re: landlord rights involving vehicles
Since the van is located on the leasehold property, I would think it is covered by the eviction order. The question is do you want to bear the expense of hiring the tow company to remove it, assuming they'll do so based on the eviction order. You must first go through the sheriff's office to arrange a date for the eviction if you decide to go this route. I suspect that if you schedule it and then tell your ex-roommate that his broken down van is disappearing on that date unless he takes action sooner, he'll show up right away.
Re: landlord rights involving vehicles
Century 21 is a reputable company, contact them to have the vehicle towed. Otherwise, contact the owner of the property and advise them that that Centurty 21 is not living up to its reputation. Try to use all avenues rather than incur personal liability for this matter.
On the other hand, you could attach to the vehicle for non-payment of rent owed to you. You'll need a judgment and a court order to attach to the vehicle. This will be of little help if it sits on your lot.
G. J. Holthaus
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