Towing question

[Lexi]

There is a tenant who has an assigned parking spot. We had a complaint that this tenant did not have a current sticker on his license plate. The most current one is several years old. The car runs as far as I know. We have a clause in the lease which states: No automobiles, trucks...which do not have current....license tags...may be kept in the complex. Landlord reserves the right to have towed, at tenants expense...

We gave the tenant a letter giving them one week to get this corrected. Several people have said we cannot legally tow the car as long as it runs. It is parked in the tenants assigned spot.

I have been informed by management to have it towed if it is not corrected. Can we legally do that? We are in the state of Missouri.

Lexi

Is there some reason the tenant doesn't have, or is unable to get current stickers on this car? A medical problem which makes him unable to get to the registrar's? You could call and ask why there are no tags on the car.

If there isn't a reason, I would send the tenant a notice of lease violation which clearly states what action can be taken against him for violating his lease in this manner. Your state law allows an Unconditional Quit notice for lease violations. (Meaning eviction can be filed.) Does the tenant know this? Is he aware of how much it will cost him to have this vehicle towed? Or that he could be evicted for violating his lease? A notice letting him know these things should be made before you tow. Give him a date the vehicle will be towed if not currently licensed. Then tow it away at his expense if he doesn't cooperate. He had two warnings. And if you have to go to that drastic of a step for a tenant that doesn't cooperate, you may consider not renewing this particular tenant.