Eviction Process Evicting a vehicle in New York City

[Helpless]

Jurisdiction

New York

Hello, I have a tenant renting a parking spot in the driveway of a private house. He's been off lease for around five years. He stopped paying rent around half a year ago. Can anyone help with the steps I should take to evict? The car is not registered and looks like a rust bucket at this point. I'm worried about being fined by the city for storing a car illegally. I feel like going to court over a parking space (and a small $ amount) is silly. I'm having trouble finding laws that govern this. Any help would be appreciated.


Thanks!

 

[adjusterjack]

Many states have procedures for that but I can't find one for NY.

Best I can suggest is that you call around to towing companies and see what they can tell you. Then put your tenant on written notice that you'll have it towed if he doesn't come get it by a deadline date.

As for the rent he owes you, you are likely going to have to sue him for that.

 

[army judge]

Hello, I have a tenant renting a parking spot in the driveway of a private house. He's been off lease for around five years. He stopped paying rent around half a year ago. Can anyone help with the steps I should take to evict? The car is not registered and looks like a rust bucket at this point. I'm worried about being fined by the city for storing a car illegally. I feel like going to court over a parking space (and a small $ amount) is silly. I'm having trouble finding laws that govern this. Any help would be appreciated.

You can't evict a vehicle.
An eviction action is to remove people from your property, not inanimate objects from your property.

If you live in a city or village, more than likely a local ordinance covers this type of situation.

The vehicle is probably abandoned.

In most municipalities, you can simply contact a towing company and have the vehicle removed.

NORMALLY notice isn't required to have the vehicle towed.

HOWEVER, in some locations the police must be called and asked to issue an abandoned vehicle citation, or tag the vehicle.

When that is required, upon tagging a 48 or 72 hour period must pass before the vehicle can be towed.

I have seen a mere 24 hours in some localities.

Any local towing company might be able to give you guidance, because in NY State, in some villages and cities a towing company is under contract to do the "tagging and bagging".

Call a couple tow companies and see what you can learn.

 

[Highwayman]

Hello, I have a tenant renting a parking spot in the driveway of a private house. He's been off lease for around five years.

Exactly what do you mean? Is he paying for the parking spot? Is that the driveway of the house he is living in?

What city/town/village is this?

 

[Highwayman]

HOWEVER, in some locations the police must be called and asked to issue an abandoned vehicle citation, or tag the vehicle.

FYI we generally can't touch a vehicle which is on private property.

 

[Highwayman]

He stopped paying rent around half a year ago. Can anyone help with the steps I should take to evict?

If you want to evict HIM from the premises you must go to court.

 

[army judge]

FYI we generally can't touch a vehicle which is on private property.

Looks as if the OP can't either! LOL

 

[Helpless]

Thanks to everyone for the replies.
I have spoken to a couple of towing companies and their advice was to tow it out onto the street and then it becomes the city's problem and they CAN touch it. I'm not sure they're providing me with the best legal advice though. Seems to me like I'd potentially be liable for something if does not get his car back for some reason. Again - can't find laws that govern this situation..

 

[army judge]

Thanks to everyone for the replies.
I have spoken to a couple of towing companies and their advice was to tow it out onto the street and then it becomes the city's problem and they CAN touch it. I'm not sure they're providing me with the best legal advice though. Seems to me like I'd potentially be liable for something if does not get his car back for some reason. Again - can't find laws that govern this situation..

Things happen that we can't explain.
If his car were to MYSTERIOUSLY end up in the street, I'm sure the cops would have to tow it, especially if if was blocking traffic.

Unexplained, unseen, unknown things happen everyday.

You can't explain what you didn't see happen, for example, a car blocking traffic in the street.

How awful.

 

[Highwayman]

Thanks to everyone for the replies.

Which you seem to have ignored since you answered no questions that were asked.

 

[Helpless]

Which you seem to have ignored since you answered no questions that were asked.

I answered them before you asked
He stopped paying rent about half a year ago. He's just renting a parking space. This is in NYC (Brooklyn, to be exact).

Thanks

 

[Highwayman]

No you did not. Your description leaves much doubt as to what the actual situation is, like calling him a "tenant" who hasn't paid rent. I'm done with pulling teeth.