What should I do if a tenant left a motorcycle?

Get Legal Help Today

 Secured with SHA-256 Encryption

What should I do if a tenant left a motorcycle?

I run a small rental company in a military town. I rented to a young marine and his girlfriend. While he was deployed she quit paying the rent, so we evicted. When she moved out she left all of his items in the apartment included a nearly brand new motorcycle. Having never heard from the marine who lived there I checked to see if there was any money owing on the bike; there was none. I left the bike in our storage building, and it has been around 2 years since we acquired the motorcycle. By filing an unclaimed motor vehicle form what may I run into since it should be filed 10 days after?

Asked on July 1, 2011 under Real Estate Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the issue. Before I get into the motorcycle itself, the Soldiers and Sailors Act may actually preclude you from evicting this tenant. Please check to ensure you did a legal eviction per the Act, because if you didn't, you may held liable to the tenants for an illegal eviction. Now, assuming the eviction was legal and allowed by the Soldiers and Sailors Act, you need to check with your state treasurer on escheatment guidelines and a) if you have to escheat such personal property to the state after doing certain notice requirements, like locating a command chief for the soldier and communicating through that person or unit and b) if the bike can now be considered abandoned property that you can sell the property. The 10 days after may be a preliminary matter but generally speaking, you would need to contact the North Carolina License and Theft Bureau of the DMV to get what you need because otherwise there really isn't clean title on the vehicle and you may not be able to re-register it to sell.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption