Question Regarding Parking

[JenniSam]

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

I have a tenant who has a disabled vehicle parked on the front lawn. Although common sense would tell most people that it is not acceptable to park on the grass, it is not specified in my lease. The tenant has a myriad of excuses explaining why the car can't be moved today or she'll do it tomorrow, etc...

We have received complaints from the neighbors and I am just tired of asking. Since parking on the grass is not addressed in the lease am I able to force her to move the car or have it towed?

Thank you.

 

[Zigner]

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

I have a tenant who has a disabled vehicle parked on the front lawn. Although common sense would tell most people that it is not acceptable to park on the grass, it is not specified in my lease. The tenant has a myriad of excuses explaining why the car can't be moved today or she'll do it tomorrow, etc...

We have received complaints from the neighbors and I am just tired of asking. Since parking on the grass is not addressed in the lease am I able to force her to move the car or have it towed?

Thank you.

Is the practice prohibited by local or state ordinance?

When does the lease expire?

 

[xylene]

Does the lease allow her to park on the grass?

Call a towing company, have them handle placing a no parking / parking rules sign and then affixing a sticker notice and then towing the car if they don't move it.

 

[Zigner]

Does the lease allow her to park on the grass?

Call a towing company, have them handle placing a no parking / parking rules sign and then affixing a sticker notice and then towing the car if they don't move it.

If the lease is silent on the matter and if towing is otherwise not a specified remedy per local or state ordinances, then the OP could find herself paying in full for the towing and any related costs that the tenant incurs if the OP decides on this self-help avenue.

 

[JenniSam]

I was incorrect, my lease does address this issue. It states "Subject to the provisions of this lease, the tenant is entitled to the exclusive use of the following parking (the 'parking") on or about the Premises: driveway connected to premises. Only properly insured motor vehicles may be parked in the Tenants space."

Does that change my ability to take action and have it towed? The grass is bad enough because the car has been parked there for weeks and she won't move it. I am sure it will just get worse.

Not sure about local ordinances but her lease is up in July of this year.

 

[justalayman]

you might want to let her know how much it is going to cost to have a landscape company come in, loosen the soil and sod the area damaged by her parking there. I would tell her you will make a deal with her; move it now and you will repair the damage. If she leaves it even one more day, it's going to be a landscape company and whatever they charge is what it is going to cost her.


You need to check on the ordinance issue. It will make your life so much easier if there is an ordinance against parking on the lawn.

 

[JenniSam]

Thanks! I think I found the ordinance I needed. Does the ordinance below sound about right?


§ 28-103 PARKING ON PRIVATE PROPERTY.


It shall be unlawful for any person to park any vehicle within the setback area of any property used for residential purposes, except upon a driveway designed for such purpose or otherwise permitted by law. For the purpose of this chapter, SETBACK AREA shall be as defined in zoning regulations of the City of Flint.


No vehicle shall be parked or permitted to remain upon private property without the express or implied consent, authorization, or ratification of the owner, occupant, lessee, agent or trustee of such property. Complaints for violation of this paragraph shall be made by the owner, occupant, lessee, agent or trustee of the property.


(Ord. 894, passed 1-5-1950; Ord. 2038, passed 3-13-1968; Ord. 2587, passed 1-24-1977)

 

[justalayman]

It shall be unlawful for any person to park any vehicle within the setback area of any property used for residential purposes, except upon a driveway designed for such purpose or otherwise permitted by law. For the purpose of this chapter, SETBACK AREA shall be as defined in zoning regulations of the City of Flint.

this is the part that applies but without knowing what Flint defines as the setback, no way to know if she is parking illegally.





the other part doesn't apply as she is the tenant. It is meant to apply to people parking on other's property without permission. As a tenant she has control of the property in such a fashion she can grant permission.

 

[FarmerJ]

Im gonna bet set back area your city is referring to is what we used to call the boulevard strip out in the front of your home, (I grew up in a burb that did not have concrete curb & gutter so one could easily pull onto the grassy area of ones yard and park if it was not for that burb having a ord which did not allow people to do that, which is what my aunt was doing when she moved in with us after my mom had died , our driveway was not wide enough to allow two cars to park side by side and until my dad had the driveway widened he and my aunt just had to deal with doing musical cars . BUT your city does say >> except upon a driveway designed for such purpose < so I would say your tenant is in violation of a city ord so first take pics then tell them ` your no longer interested in hearing any more excuses and if they do not move it you will have it moved for them and you will have the lawn repaired NOW then you will take the repair cost from the damage deposit and if they do not replenish this deposit you will use the courts to get them out for breaching the lease with you by failing to restore the deposit your holding and don't be afraid to remind them that many landlords all over the Midwest use screening firms now to see if a applicant has been taken to court by another landlord and in many cases LLs really don't care why a former landlord had to take them to court they will only figure that if one LL had to then the odds are they may have to and that's enough to reject a applicant so for some tenants what that does is it reduces what options they have for rental housing down to some pretty craphole places where a LL may not be as thourough with screening because the property it self is not in good shape or the property is located in a bad area. then politely add the next line in your letter saying ` it seems like a better choice to just move the vehicle onto the driveway so I don't have to do anything` sign it & make a copy & send via confirmed mail delivery or certified mail. BTW yes it sounds harsh ,( to your tenant a special boo hoo,) im tired did a double at work last night so good night)

 

[xylene]

If the lease is silent on the matter and if towing is otherwise not a specified remedy per local or state ordinances, then the OP could find herself paying in full for the towing and any related costs that the tenant incurs if the OP decides on this self-help avenue.

A towing company will know the law, will have signs that conform to that law, can put them up, and them tow the vehicle.

I'm not sure how the lease being silent on parking rules, common sense ones at that, would prohibit the landlord OP from posting parking rules and then enforcing them.

 

[Zigner]

A towing company will know the law, will have signs that conform to that law, can put them up, and them tow the vehicle.

I'm not sure how the lease being silent on parking rules, common sense ones at that, would prohibit the landlord OP from posting parking rules and then enforcing them.

(This is posted with the understanding that it's a moot point based on further information provided by the OP)

The fact is that if the lease is silent on the matter and if the local ordinances don't prohibit it, if the OP contacts the towing company and says "I'm the property owner, tow the car" and signs the form, then the OP could certainly be on the hook for the towing costs. If the OP were to post signs with parking rules that did not exist when the tenant moved in, then he's changing the terms of the lease (IMO).

 

[JenniSam]

I have mailed an official notice to the tenant that will be delivered tomorrow. The notice serves as the paper trail to show that she was notified. I gave her 24 hours from delivery of the notice to move the car but I am starting to think I may have to provide a 7 day notice...? This is a grey area for me and I'm not sure what type of notice is required.

She contacted me today after failing to keep the promise she made to move the car by Monday (yesterday) and basically provided more excuses that I'm tired of hearing. I took pictures of the car this morning and let her know she will not receive any additional warning after the timeframe has expired. She claims she is working on it now but has to find a tow truck that can tow a car with transmission problems, her entire family is sick and she's overwhelmed, etc etc etc.

Flint does have a blight department and I've reached out to them. I am waiting for a call back with more information about the ordinance and my options. Maybe the blight department has authority to act if they receive a complaint and I can compel them to remove the blight.

 

[Zigner]

I have mailed an official notice to the tenant that will be delivered tomorrow. The notice serves as the paper trail to show that she was notified. I gave her 24 hours from delivery of the notice to move the car but I am starting to think I may have to provide a 7 day notice...? This is a grey area for me and I'm not sure what type of notice is required.

She contacted me today after failing to keep the promise she made to move the car by Monday (yesterday) and basically provided more excuses that I'm tired of hearing. I took pictures of the car this morning and let her know she will not receive any additional warning after the timeframe has expired. She claims she is working on it now but has to find a tow truck that can tow a car with transmission problems, her entire family is sick and she's overwhelmed, etc etc etc.

Flint does have a blight department and I've reached out to them. I am waiting for a call back with more information about the ordinance and my options. Maybe the blight department has authority to act if they receive a complaint and I can compel them to remove the blight.

The "blight department" will likely fine and charge the property owner with any costs for removal. Just so you know...

 

[OK-LL]

When you scan your local ordinances, look for something that says all vehicles must be parked on a hard surface, defined as gravel or concrete. That's typical in most municipalities. Call code enforcement and ask about it, they can probably give you chapter & verse on that particular ordinance.

 

[JenniSam]

Question Regarding Parking - Update

Just an update and conclusion to this situation:

Letter was delivered to the tenant at 10am and when I drove by at noon, the car was parked in the driveway where it should have been. I find it hard to believe that the tenant called a tow truck to move it from the grass to the driveway like she claimed was required. I guess the letter with the ordinance and pointing out the lease violation did the trick. Thanks to all who chimed in.