What to do if I’m storing a car and table at a former neighbors garage but got behind on payments and now she wants to tow the car tomorrow?

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What to do if I’m storing a car and table at a former neighbors garage but got behind on payments and now she wants to tow the car tomorrow?

I’ve been storing it for 3 years. Told her I could pay her $125 now and the full balance of $400 in 5 weeks or less. She was okay with this last week and over the weekend she demanded $300 now and sent very nasty email messages and said she is having the car towed and throwing the table away. Told her to tell me where she is towing the car and to please give me the table and now she is not responding. What are my rights?

Asked on July 9, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, your former neighbor who is acting as a landlord for the storage of property cannot unilaterally remove property from the garage that you are renting belonging to you and discard such. The laws of all states frown on landlord self help methods.

If she removes your belongings, your landlord could very well be subject to a lawsuit. If she wants to end the lease, she needs to send you a thirty day termination letter due to non-payment of rent.

I suggest that you write her a letter warning her not to remove your items. Keep a copy of the letter for future need. You should also consult with an attorney that practices commercial landlord tenant law about your matter.


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