Can a Landlord Tow a Vehicle Stored With the Tenant's Permission

My question involves landlord-tenant law in the State of: Kansas.

I am NOT the tenant. My neighbors landlord -that I have no ties to - towed my car.

I had an agreement with my neighbor to temporarily store my vehicle in his garage until the vehicle was properly tagged. The tenant suddenly moved out without letting me know, while at the same time breaking the landlords contract.

The tenant vacated the premises about 3 or 4 days before I noticed he was gone. Went and checked the garage and my vehicle was missing. Come to find out, the landlord took my vehicle to her house, and is now demanding money from me to have it back in my possession. Is this illegal? What are my options? Contacted the sheriff's office and they advised I'd need to take the issue to small claims court. I don't think that's correct. This is my property that this woman has stolen. That's like me taking my best friends car because he owes me 15 bucks.

Again, I'm not the tenant. I have no ties to the tenant or landlord. Thanks

I should also add that the woman who's holding my vehicle for ransom isn't actually the landlord. She's just the landlords daughter.

If your 'friend' moved out, surrendered the apartment, and left your car... it's not surprising that it was removed. But that's not necessarily the end of the story.

Did the landlord hire a towing company to remove the vehicle, or did the landlord tow it himself? Is the vehicle now somewhere on land owned by the landlord, or is it in an impound or storage lot run by a towing company? How much money are they demanding?

The tenant isn't really my friend, I don't even know the man's name - maybe that was my first problem. One minute he was living there, the next gone.

I'm honestly not sure if the landlord used a towing company. I'm assuming not. The vehicle is currently on her property, behind her house to be exact. She is demanding $800. Just to reiterate, this is the landlords DAUGHTER demanding money for my property. The daughter won't give me the landlords name or number, all I know is she lives about 2 hours away.

See if the police will offer you a "civil assist" to recover your car.

I talked to the police station. Because my property is right outside of city limits, I was referred to the sheriff's office.

The first sheriff I spoke to said it's theft by deception and I should be allowed to get my property back with the assistance of a sheriff officer. However, the second officer said that's wrong. He believes the issue should be taken to small claims court. So I have conflicting answers.

Other than being shot at, what other legal issues will I run into if I took my property back myself? Trespassing?

You have not shared any facts here that suggest a theft by deception.

In any event, whatever the officers may have previously said, nothing is stopping you from asking for a civil assist.

I can't promise that the landlord won't try to have you prosecuted or to shoot you if you trespass on his land. Hence the suggestion of a civil assist.

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Quoting Savethegsx

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Again, I'm not the tenant. I have no ties to the tenant or landlord.

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True. But from the point of view of the landlord THE tenant abandoned THE car, regardless of whose car it is.

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Quoting Savethegsx

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I should also add that the woman who's holding my vehicle for ransom isn't actually the landlord. She's just the landlords daughter.

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Who is acting as agent for her mother. Nothing wrong with that.

And, so far, unfortunately for you, it appears that the landlord (through her agent) has acted according to Kansas statute 58-2565:

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(d) If the tenant abandons or surrenders possession of the dwelling unit and leaves household goods, furnishings, fixtures or any other personal property in or at the dwelling unit or if the tenant is removed from the dwelling unit as a result of a forcible detainer action, pursuant to K.S.A. 61-3801 through 61-3808, and amendments thereto, and fails to remove any household goods, furnishings, fixtures or any other personal property in or at the dwelling unit after possession of the dwelling unit is returned to the landlord, the landlord may take possession of the property, store it at tenant's expense and sell or otherwise dispose of the same upon the expiration of 30 days after the landlord takes possession of the property, if at least 15 days prior to the sale or other disposition of such property the landlord shall publish once in a newspaper of general circulation in the county in which such dwelling unit is located a notice of the landlord's intention to sell or dispose of such property. Within seven days after publication, a copy of the published notice shall be mailed by the landlord to the tenant at the tenant's last known address. Such notice shall state the name of the tenant, a brief description of the property and the approximate date on which the landlord intends to sell or otherwise dispose of such property. If the foregoing requirements are met, the landlord may sell or otherwise dispose of the property without liability to the tenant or to any other person who has or claims to have an interest in such property, except as to any secured creditor who gives notice of creditor's interest in such property to the landlord prior to the sale or disposition thereof, if the landlord has no knowledge or notice that any person, other than the tenant, has or claims to have an interest in such property. During such 30 [30-day] period after the landlord takes possession of the property, and at any time prior to sale or other disposition thereof, the tenant may redeem the property upon payment to the landlord of the reasonable expenses incurred by the landlord of taking, holding and preparing the property for sale and of any amount due from the tenant to the landlord for rent or otherwise.

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http://law.justia.com/codes/kansas/2...ction-58-2565/

It's only after the 30 days are up that she has to notify you of the prospective sale of the vehicle.

Within the 30 days, or any time before the sale, you may retrieve your vehicle by paying the landlord the reasonable expenses incurred by the landlord of taking, holding and preparing the property for sale and of any amount due from the tenant to the landlord for rent or otherwise.

If you want to argue the reasonableness of $800, you sue the woman and convince a judge that it's not reasonable. Or, you pay the $800 and get your car back.

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The daughter won't give me the landlords name or number, all I know is she lives about 2 hours away.

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You can use the address of the daughter's property or the rental property and run it through the county land and tax records to find out who and where the owner is.

According to the statue, we're talking about the TENANTS property. The vehicle is NOT the tenants property. The vehicle is in my name, NOT the tenants name. I'd understand if the property was something like a tv, but we're talking about a car here. With proof of ownership where the name is unrelated to the landlords contract. I don't understand how a car can fall in the same category of "abandoned" property.

I understand her taking the vehicle off the property. I just don't understand how she can make ME pay for somebody else's unpaid rent. The previous tenant had 2 months left on the contract when he broke it and left, which is $400 a month. Hence the $800. To me, that's not right.

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Quoting Savethegsx

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According to the statue, we're talking about the TENANTS property. The vehicle is NOT the tenants property. The vehicle is in my name, NOT the tenants name.

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True. Which is why I emphasized that THE tenant left THE vehicle. The property owner need not care who actually owns the vehicle.

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Quoting Savethegsx

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I just don't understand how she can make ME pay for somebody else's unpaid rent. The previous tenant had 2 months left on the contract when he broke it and left, which is $400 a month. Hence the $800. To me, that's not right.

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No, it's not. But she's not giving it back unless you pay. The police won't help. The sheriff won't help. This is one of those cases where being right doesn't help you.

Your alternative is to go to court to get your car back.

Fortunately, it looks like you can use small claims court to do that if your car is worth $4000 or less. See item 2 under Demand for Judgment on the small claims complaint form:

http://www.kscourts.org/pdf/small-cl...20Petition.pdf

Look for a similar form at your own county's small claims court.