Parked my boat in my driveway...Land Lord threatens to evict me!

[lfunk11]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

"motorized vehicle" - the definition of that statement is where you need to begin. Each state can define it differently as someone pointed out and caselaw will help define it further. You may be able to get some information from your local municipality to see if they considered a boat a "motorized vehicle". I am thinking that the boat will be considered a "motorized vehicle", but that is just an educated thought. I would go to court, but with 3 months left on your lease I would look for a new place to live. I honestly don't think you even need a lawyer since its going to cost you more to get a lawyer than it would cost you to store the boat somewhere else for 3 months. Go to court and argue your case and since it will take some time for it even to get to your court the worst that will happen is that you will need to store the boat somewhere else for 1-2 months at the most before you get your new place.

good luck

 

[spdracr39]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

No matter what happens I would be planning on moving at the end of the lease because one way or the other I bet you will be. Oh and keep in mind that if he issues eviction papers you could have a difficult time obtaining another rental or lease property.

 

[southkogs]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

Ayuh,.... It'll be Cheaper, easier, 'n ya won't ruin yer relationship with yer Landlord, if ya just get a rental storage spot for yer boat,...

As even if ya win this pizzin' match, life will suck, rentin' from the same Landlord,...

Yer in a No Win situation,....

Airman - I gotta' go with Bond-o on this:

You've got three months left to your lease, right? Eviction will (depending on what state you're in) take about 60 days. "Motorized vehicle" is a debatable term within a lease or even in a city ordinance. In my area, a boat ain't a motorized vehicle by the city's definitions. Check your local city/town ordinances too and make sure you're fighting them too. In my "zone" of the city ... no boats in the driveway (I ate that one last year).

For three months left on the lease, this late in the season (again, depending on where you are) ... move the boat dude. The win isn't going to be a big one, if any at all.

Then either re-work the lease with the landlord for the next term, or move.

Thanks for your service. Just flew with the 315th outta' Charleston last weekend, and enjoyed your hospitality :loyal:

 

[H20Rat]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

I agree, by most definitions, the boat on a trailer in your driveway is not a motorized vehicle. It is a trailer that contains cargo, nothing more, nothing less. There is zero difference if that was a trailer full of building supplies, firewood, or a boat. Its all the same in the legal sense.

But... You need to find/make one of those electric motorized trailer dollies for your boat. Instant motorized vehicle!

 

[kungpaoshizi]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

A boat definitely qualifies as a motorized vehicle, and not motorized CARGO. Also, like someone stated, you CAN BE picked up in a boat, and get an OWI, and that charge applies to motorized vehicles. "Motorized vehicle" is a rather loose definition, I doubt a judge would side with anyone let alone a landlord trying to say you've abandoned your non-motorized vehicle, which resembles a boat, in your own driveway.

Also since there is nothing in print, or in the lease, stating anything SPECIFICALLY about boats, you're fine.
I would advise your landlord you've enjoyed living there and he's been good to you, but there is no regulation or city regulation that says you cannot park the boat there. Also, an "abandoned" vehicle, is a stretch of terms. There's nothing 'abandoned' about it, and it's also on your premises. The term abandoned is usually applied, when it's something that has been left, or unattended for x amount of days. The legalities of this are pretty weak, you can go move it about 2 ft every so often, and in the case of a car parked on the street, this satisfies the cities regulations. (depends on the city, the number of feet)

I would sit down with your landlord and state the positives of your experience being a tenant on his properties, but he has no right to do anything about it. Any attempt to evict you, would result in wrongful eviction, and you would most likely win in the court room. The association could make amendments to the by-laws, but if you don't fall into those by-laws 100%, then it's you vs. him, and it's not in the lease. (queue violins)

 

[LippCJ7]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

Every Base I have been on has a storage facility, this is what I would do with your boat, and then move as soon as your lease is up, its just not worth the BS, I feel for you and I would make sure that everyone on the base knew of your issue with this landlord, guy sounds like a real Jack Wagon.

And Thank you for your service!

 

[crabby captain john]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

This is a lose/lose situation. In my town a boat is not classed as a motor vehicle. My HOA does not permit them anyway. However, paying a lawyer may cost more than 3 months of storage fees. I keep my trailer in one at $25 per month. Security cameras and gated. Same fee if the boat sits on it. Now you are going to move as he probably will not renew your lease and there are moving expenses if nothing more than truck rental and beer. Good luck with whatever you decide.

 

[Pez Vela]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

No landlord in his/her right mind is going to begin an eviction proceeding with only 3 months left on a lease unless the dispute involves money. The problem goes away all by itself in 90 days, and in this case the problem is a tenant who did not think to check with his landlord first, before parking his boat at the home. An overreaction by the landlord just made matters worse by threatening an eviction. The legal niceties of the lease, the HOA Rules and Regs and so forth, should not have to be the final arbiter in a matter which should be governed by common courtesy and mutual respect. It sounds like the two of your deserve one another.

 

[Maclin]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

To the OP.......If the landlord is under an HOA agreement they may not have any choice but to evict or get fined themselves by the HOA. There are too many variables not filled in, so not sure how any specific advice regarding legal avenues could be valid at this point.

Best to store it, you will have to anyway pretty soon. It is just "common courtesy and mutual respect" as Pez mentioned, not only between you and the landlord but between you and the neighbors as well. The neighbors may seem to not mind when in your presence but I bet one ore more of them object and may have even contacted the HOA or landlord about it.

 

[salty87]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

ask him to release you from the lease and move on.

 

[Pez Vela]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

ask him to release you from the lease and move on.

Perfect.

 

[rideroads]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

I am not a lawyer but i have rental properties. All i can say is if the land lord wants the boat out of there i would move it out. Pay to store it somewhere and when the lease is up look for a place that lets you store the boat. Personally i don't care if my tenants have boats or not (just don't park em on the grass), Sounds like a bad situation.


Eric

 

[britisher]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

As a Renter, you are always on the weakest end and sometimes you just have to smile and do what the landlord asks, even if it sounds a little unreasonable. Many lease contracts do allow variations on what you can park or store, but they usually stipulate that they have to be agreed by the Owner of the Property. If the Landlord is the Owner, then he says what goes. If the 'Landlord' is the custodian or perhaps the Property Management Company, then they dance to the Owners tune. If you only have a couple fo months left on your lease, I'd try and see if the guy is willing to let you keep it on the drive for the balance of the lease, if not and if you plan on moving I'd just move it. Are there other Air Force personnel that rent on that property, because if so you can tell the landlord that you will ensure that prospective Air Force know to give his Properties as wide berth as possible. Nothing like being pissy with folks to lose business. Does he know that his home is now a target for Armed Drones??????

 

[tpenfield]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

Thank you for seeking our advice on the matter . . . And for your service to our country.

do you have to move your boat? Probably not.

will your landlord evict you? Probably

if your landlord is unsuccessful at evicting you, will he renew your lease? Probably not

 

[jasoutside]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

Any way you shake it the whole thing will be over in three months.

How much time, cash and frustration is wasted along the way will be up to you. He seems to have already drawn the line.

I have been landlordin for a while now. I have always found that being reasonable is a great method of operation. I have never had a single issue with any of my tenants.

I really don't think your landlord is being reasonable in this situation (I can think of a dozen solutions that don't even come close to eviction). All the same, you wanting to fight him on this simply means you'll be moving when your lease is up (best case scenario).

I'd guess worst case scenario would be boat impounded, evicted, blow a bunch of cash on a lawyer, spend time in court, yadayada....

Man, so not worth it.

 

[Jeep Man]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

Make an agreement with your neighbor. Park your boat at his place and have him park his Ford 250 at your place.:lol:

 

[Outsider]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

The only concern I do have is that on my lease there is a rule that states that the parking spot (driveway) is for motorized vehicles only.

You might win that argument in court, but at what cost? I think the quickest test of 'motorized vehicle' is whether or not the 'vehicle' can be driven from the spot. Driven, not 'pulled'. Be prepared to move it onto the base, but screw with the land lord before you do. Insist on seeing his basis for demanding you move it in writing, it has to either be in the lease, or stated that you must comply with all elements of the property restrictions. If he really starts an eviction procedure, ask your JAG to look into it. If he can show the deal as an adverse, punitive action without written support, he might be able to dissuade the land lord with a discussion of what 'off limits' means when it comes to military personnel ... :facepalm:

 

[salty87]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

definition of motorized vehicle is open to some interpretation. does the motor make it qualify?...probably. do you have to register with your state? non-motorized often don't.

 

[jestor68]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

Your squadron has a large parking lot where some already park their RV's?

I don't see the problem.

 

[Watermann]

Re: Parked my boat in my driveway...Land Lord threatens to evict me!

OP doesn't say what State he lives in but in WA State a Motor vehicle is defined as being able to move persons and property down a roadway. No Snowmobiles, boats, trains or airplanes.

I'm in the stow your boat crowd, nothing good ever happens when stubbornness supersedes common sense.