Lease Termination for someone storing a vehicle

[DairyGirl]

After several years of debating whether or not to do this, I have finally decided to terminate the lease of a tenant with a vehicle stored here. It's been here since 2004 (way before my time here) and the tag is from TN/2004. I have no idea if it was driven in or towed in, or if the registration was even current at that time...it certainly isn't now, and there's no point in asking them to register it since it needs to be gone. The outside of the vehicle looks like crap: covered in that green mold stuff and really faded and peeling. The inside is filled with trash. The tires are torn and flat. It has become a haven for pests. I'm giving them 60 days to get it out of here (a little more, actually, since they are currently paid thru June 14 and have til August 14) and if they don't, I will have it towed after the date in the notice. I have also specified that I will not allow the vehicle to remain even if they offer to cover it. Over the years I've been here, I've tried to "politely" suggest they just get rid of it as they clearly aren't going to "fix it up" and use it. We've even had a visit from code enforcement in the past about it, although we weren't cited-they were. At that time it was just to put air in the tires.

This is partially what the notice says after telling them we are not renewing the lease: "You have until 3pm Aug 14 to remove the vehicle from the premises. If the vehicle is not removed by the date/time noted, we will have it towed from the premises. Vehicle will not be allowed to remain even if covered. All terms and conditions etc."
For the reason I am terminating, this is what I wrote: "Vehicle tires are severely damaged and flat. Exterior is in very poor condition. Inside of vehicle is filled with trash. The area around the vehicle has become a place for others to toss their trash. The vehicle itself has become a haven for various pests and/or rodents."

Too harsh? Not harsh enough? Too honest? I'm surprised that I let it go this long. I should have done this after the code enforcement visit. Oh well, I think I can deal with it for 2 more months.

[BusyProperties]

I cannot believe they have paid for it all of these years. I don't feel that you were too harsh. It was to the point. Once rodents/pests start visiting it is time to go.

[KrisinCali]

Nope-not too harsh, get it gone.

[lady5563]

It's your property so it is your rules.

The vehicle must be removed by insert a date here if you do not remove said vehicle by insert date here the vehicle listed below will be towed away.

Thank you.

[MamaDuke]

I never give a reason to terminate a lease. Our contract states we each have the right not to renew the contract for the next rental period. We have chosen not to renew your contract, and therefore you have until x/x to move out.

[lady5563]

I 2nd MamaDuke!

And then mumble under your breath "Bye Felicia!"

[DairyGirl]

I have a follow-up question, maybe two, on this car. I'm sending out a payment invoice to this tenant today (he has 3 other units here). Should I include some kind of reminder about the termination, or just leave it alone? I'm actually kind of surprised I haven't heard from him about it, unless he's relieved he won't have to pay for the tow out or the parking space anymore.

[KrisinCali]

I have a follow-up question, maybe two, on this car. I'm sending out a payment invoice to this tenant today (he has 3 other units here). Should I include some kind of reminder about the termination, or just leave it alone? I'm actually kind of surprised I haven't heard from him about it, unless he's relieved he won't have to pay for the tow out or the parking space anymore.

No way, definitely remind him. Get that POS vehicle gone.

[curlymom234]

I have a follow-up question, maybe two, on this car. I'm sending out a payment invoice to this tenant today (he has 3 other units here). Should I include some kind of reminder about the termination, or just leave it alone? I'm actually kind of surprised I haven't heard from him about it, unless he's relieved he won't have to pay for the tow out or the parking space anymore.

I'd remind him. This is why we don't allow vehicles.

[DairyGirl]

Reminder went out today. I don't expect them to do anything with it and on August 15 it will be gone. Finally.

[FlyersGirl]

Hope you don't mind me adding to this, I am currently dealing with a similar situation. Honestly reading the original post I was seeing my customer lol I hope you get yours worked out easily.
Our location has a very limited parking (5 spots) in between buildings. We have never done parking before this new location which opened last March. For parking we require the renter has a storage unit also, the vehicle must be running and current on registration. We had only been open for a few months when a lady came in wanting a unit and 2 spots for her work vehicles for about 6 months while they moved locations. She said they ran, and she would bring the registration when they brought the vehicle up here. I mistakenly taken her at her word that she would bring the information back up here and rented the 2 parking spots and a 10x10 non climate unit. Fast forward to that afternoon right before closing a flatbed tow truck goes through the gate with a beat-up van with flat tires. Where the covered parking is location the flat bed tow truck couldn’t get the Van in the spot and started to just dump it in the middle of an aisle. I call the customer while my coworker is out there dealing with the tow truck driver. I’m telling the customer it has flat tires, the driver says it doesn’t run, etc. She is arguing with me that I’m not trying to help her. Finally ended up letting the driver drop the van in the front parking lot to go get a different tow truck. She said the other vehicle ran and would be driven into the spot and she would get the van tires fixed. They came back after hours, put the van under the covered parking then brought the other truck (worse shape than the van).
We sent a request for proof of ownership and registration in May to bring by the end of June or was terminating the lease. She comes in June 30^th brought it the last registration was from several years ago (like 2017). When we asked her about getting the tires fixed and cleaning it she proceeds to get rude with us, that we have had a problem with her vehicles from day one, we think her vehicles are making our facility look bad, we are discriminating against her, she is paying customer we need to treat her better, etc. I stepped outside to call my boss while she was in the office and explained how she was acting with us and about the expired registration. We decided to give her a 30-day notice of not renewing her lease at all by the end of July. I videotaped myself telling her, and yes before I said anything I stated, “This is being recorded as proof of given you notice of termination of the lease.” She even waved at the camera, then started demanding to talk with our owner who said to give her his number. She called him from our office demanding a face-to-face meet which he said he would be glad to the following week, but he stood behind the request for her to leave by end of the month. We sent an email and mailed a certified letter that day stating that it was a 30-day notice, we would not renew the lease after July 31^st, she must have the unit and both vehicles removed by 9:59pm on the 31^st or they would be considered abandoned and towed from the facility.
So, was due July 1^st but didn’t pay till Saturday, online with a check (figure this check will be coming back). Sunday, she moved everything out of the unit. Yesterday at about 6:15pm she showed up, pumped the van’s tires up enough that the tow truck could hook it to remove it from the facility. The issue is she did not remove the truck. It’s still sitting in the covered parking spot. My owner texted her this morning about it remaining here telling her we would give till the end of the day, she never replied and never showed up.

We are in Tennessee also; how do I go about handling this vehicle that is left. What steps do I need to follow to get it off the property. Its nasty looking, flat tires, no tags and trash in the bed of the truck and in the cab. I just want it gone and to be done with her. I find it strange she removed one vehicle and the unit but not the 2^nd. Any help and suggestions on how we go about handling this the correct way would be appreciated. Sorry so long I wanted to give info on what we had been dealing with. And yes, I have changed out policy on storing a vehicle no renting till we see the vehicle and paperwork.

[DairyGirl]

She was due on July 1 but didn't pay until the 29th? Her unit should have been overlocked and her ability to pay online should have been disabled. But, her unit is empty and one vehicle is gone...which means she likely dumped the other one on you. She received notice in writing of what would happen if she didn't remove both vehicles so now you have a decision to make. You can just have the vehicle towed, as that's what your notice to her stated would happen and your owner agrees with you. Or, you can follow your state's lien laws and deal with it that way. I glanced over them and it looks like you have to have no payment for 60 days before you can send the lien notice. You would give her the usual amount of time to pay or you will have it towed. Talk to your owner about how they would like to handle it and go from there.
And if her check bounces, so be it. She's gone and you've learned what not to do going forward. Also, if you don't already, you should be asking for proof of insurance, too.

[FlyersGirl]

Thanks for the reply
It was overlocked until the payment was made. We had talked about her being blocked from paying online, but honestly figured a return check would worth it over dealing with her. We just wanted the vehicles off the facility. We also have in the lease she signed about vehicle storage stating "STORAGE OF MOTOR VEHICLES: In the event that any motor vehicle remains stored in the Space after termination of the Rental Agreement or upon Occupant's default, and in addition to all other rights and remedies available to Owner, Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Occupant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Occupant's expense. Owner shall incur no liability to Occupant for causing the vehicle to be removed pursuant to this paragraph." I have a signed lease for all three spots where is stated that, and actually went back into my camera footage and burned off video of her in the office signing the lease's.

I'm waiting to talk to my owner now to see how he want's to move forward.
Yes, we have changed a lot of our vehicle rules after her, she was a learning point for sure. Luckily most of the vehicle we have are a lawn company employee's so they are only in the spots during the day and gone before the gates lock at 10

[DairyGirl]

Sounds like you are covered should you decide to just tow it. And yes, sometimes it's worth to eat some rent just to be rid of a tenant.

[DairyGirl]

Bye