Delinquent Parker

[tadhg82]

What is the name of your state (only U.S. law)? MA

I have a guy who pays us to park his RV in our lot. He has not paid the past 2 months and is hostile and aggressive when he is told to remove his property. What is my recourse here to not only get paid, but to be rid of this knucklehead.

 

[Mass_Shyster]

Post a "no parking" sign on the lot, and notify him that there is no parking on the lot. If he doesn't remove his property, call the police and have it towed.

You'll probably have to take him to small claims court to get a judgment against him so you can begin the collection process.

 

[Zigner]

Post a "no parking" sign on the lot, and notify him that there is no parking on the lot. If he doesn't remove his property, call the police and have it towed.

You'll probably have to take him to small claims court to get a judgment against him so you can begin the collection process.

Steve - your advice isn't the best - the OP has a contractual relationship. If he does as you suggest and that's not an allowable remedy per the contract, then the OP could actually be on the hook for the towing and storage costs.

 

[Mass_Shyster]

Steve - your advice isn't the best - the OP has a contractual relationship. If he does as you suggest and that's not an allowable remedy per the contract, then the OP could actually be on the hook for the towing and storage costs.

Good point.

I'm assuming it was simply a verbal agreement, and that since that verbal contract has been breached, RV owner no longer has a licence to use the land and is now a trespasser.

 

[Zigner]

Good point.

I'm assuming it was simply a verbal agreement, and that since that verbal contract has been breached, RV owner no longer has a licence to use the land and is now a trespasser.

Verbal contracts are still contracts.

 

[Mass_Shyster]

Verbal contracts are still contracts.

OK, I'm assuming it's a simply verbal agreement that does not spell out specific remedies in the event of a breach.

Better?

 

[Zigner]

OK, I'm assuming it's a simply verbal agreement that does not spell out specific remedies in the event of a breach.

Better?

Sure - now to just make sure our OP understands that your prior advice of having the OP call the police to have the vehicle towed is not a proper response to this civil matter.

 

[Mass_Shyster]

Sure - now to just make sure our OP understands that your prior advice of having the OP call the police to have the vehicle towed is not a proper response to this civil matter.

Police authorization is required for a trespass tow in Mass. See http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section120D

No vehicle shall be removed from such way or property without the consent of the owner of such vehicle unless the person who has lawful control of such way or property shall have notified the chief of police or his designee in a city or town, or, in the city of Boston the police commissioner, or a person from time to time designated by said police commissioner, that such vehicle is to be removed.