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Blocked Driveway

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singlewriter

Junior Member
What is the name of your state? Vermont
I am a Section 8 tenant living in a privately-owned building. The landlord lives in a neighboring state. My apartment abuts a driveway that is shared with another tenant. There is parking in the back of the building for all tenants. However, the other tenant sharing the driveway parks three vehicles in the driveway, effectively blocking any other vehicles wishing to use the driveway (The driveway circles the building.)
I have spoken to the landlord about the situation three times, and each time she says she will speak to the other tenant to please park in the back of the building, but so far nothing has changed. (The tenant is also her "handyman".
I am planning to move in a couple of months, and I don't believe the other tenant will move the vehicles to allow the moving van access to my apartment (one of his vehicles no longer runs). And from experience, I cannot rely on the landlord to back me up.

Is there any way I can guarantee the driveway will be free of vehicles so the moving van can access my apartment?

DarleneWhat is the name of your state?
 


Cvillecpm

Senior Member
A week before your scheduled move out, send your landlord AND the "offending resident" a letter stating your scheduled move-out time and date and then the night before, put a copy on the "offending resident's" door as a reminder...if the van shows up and the vehicle is there, call the landlord and advise them you have having the car towed....then have it towed.
 

Zigner

Senior Member, Non-Attorney
A week before your scheduled move out, send your landlord AND the "offending resident" a letter stating your scheduled move-out time and date and then the night before, put a copy on the "offending resident's" door as a reminder...if the van shows up and the vehicle is there, call the landlord and advise them you have having the car towed....then have it towed.
Yes...and then face the civil (and possible criminal) implications of an illegal tow. :rolleyes:

Cvillecpm - You really screwed the pooch on this one...
 

Cvillecpm

Senior Member
If vehicle is in a ROAD/DRIVEWAY and is blocking ingress/egress, then fire department considers that a FIRE LANE and will tow the car W/O notice....even if it is private property.

What you might want to consider is that OP is on Section8 and may well be judgement proof for any civil remedies resulting from the towing. Offending car owner may or may not have recourse against the property owner; however, since offending car owner is possibly acting as "an agent of the landlord" as the on-site handyman, this will be problematic.
 

averad

Member
Wonder if they are blocking access to emergency vehicles.

Edit: Argh I was so slow :-(
 
Last edited:

Zigner

Senior Member, Non-Attorney
If vehicle is in a ROAD/DRIVEWAY and is blocking ingress/egress, then fire department considers that a FIRE LANE and will tow the car W/O notice....even if it is private property.

What you might want to consider is that OP is on Section8 and may well be judgement proof for any civil remedies resulting from the towing. Offending car owner may or may not have recourse against the property owner; however, since offending car owner is possibly acting as "an agent of the landlord" as the on-site handyman, this will be problematic.
Two things -

You advised the OP to have the vehicle towed. You *NEVER* mentioned anything about the fire department until I called you on your improper advice.

Also, the OP would not be JUDGMENT proof - only COLLECTION proof. Judgments go on credit reports and last a long long time...
 

Cvillecpm

Senior Member
Judgement Proof MEANS the judgement would have no meaning as it could not be collected on.

Being judgement proof means that it is unlikely that any one would go to the trouble/cost to file suit that would lead to a judgement that could not be collected.
 

Zigner

Senior Member, Non-Attorney
Judgement Proof MEANS the judgement would have no meaning as it could not be collected on.

Being judgement proof means that it is unlikely that any one would go to the trouble/cost to file suit that would lead to a judgement that could not be collected.
I know what YOU meant by judgment proof. But it is a misnomer. And, recommending that someone break the law just because nobody can do anything to them about it (in your opinion) is irresponsible.
 

singlewriter

Junior Member
Thanks for all the comments.

I called a towing company and they said they can only tow if the landlord or police ask them. If they did it from my request, they could be charged with auto theft.

Yes, they are blocking emergency vehicles. At the present time neither a fire truck nor an ambulance can access my apartment. And while you can bypass the vehicles by foot, I doubt a stretcher could past. I have spoken to the Fire Department but there are no laws on the books here. I guess someone has to die first, before anyone thinks this is a serious matter.

I was wondering if it would be possible to get a court order clearing the driveway for a 12-hour period on the day I move. As it stands now, if the other tenants refuse to move their vehicles, I will be unable to move - which would make me almost a virtual prisoner.

Darlene
 

USAviator

Member
Legal Issue / Moving !!

Simply ASK the OP to allow access to the driveway the day you are planning to move. . . . If that fails , move your belongings in any way you can . . . Should one of the OP's vehciles get scratched , dented or otherwise damaged , what the hey . . . he / she was warned that you needed to move your personal items . . . accidents happen !!

Maybe its time that we start taking matters like this into our own hands , and stop the B.S. , especially when dealing with ignorant , self absorbed snotty neighbors. :eek:
 

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