Can an RV be impounded?

Belton4A

We have an RV tenant that is past due. AGAIN. They get caught up then after two months they are late again and get over locked (not that I really have a way to over lock an RV) I just make sure they don't access it at all. I have sent over lock notices, past due notices and am at the point of a preliminary lien. However we don't do auctions here, I was wondering if we could call the county and have the RV impounded, is that something anyone has done? Specifically anyone in Texas? They are 4 months past due. 

i43storage

@Belton4A  I would highly recommend reading over the Texas Statutes to see specifically what the rules are.  I would guess you would auction it off just as if it were inside four walls rather than impound it, but again, check with your state statutes.  We have different rules for vehicles, so there may very well be different rules for a pull behind RV.

Orkocean

Comes down to what your lease states as well for that tenant. If your lease covers towing then you can do the towing route. If it doesn't you need to follow the TX statutes and go through the process to lien sale it.

Belton4A

Thank you for the information I will check into all of that!

skinman

Orkocean

Sheesh @skinman... do you guys clean the parked equipment? Those are some pretty clean looking tires for something that's set long enough to get overlocked heh. 

skinman

Ha! That's just a sample photo of a wheel lock since you guys answered everything else..

i43storage

Forget the tire - check out the concrete.  Looks like you could eat off of it.

ESS

I am in Texas as well, but we do auctions here. When a tenant rents parking we require a copy of the title, registration, and insurance on the equipment. As far as an auction, as long as you have these documents and the preliminary lien process was followed with certifieds and notices, I would think you could have it picked up as well. I know we are dealing with a tenant who has relinquished her son's RV who is incarcerated, but she lost the title. So we are having to go through Texas Parks and Wildlife to get the necessary docs to get rid of it. It's unfortunately not like an automobile where you can go through DMV. I hope you get it taken care of

Belton4A

@ESS I don't have any those paperwork. The owners before use didn't even have anything digital no site link nothing they just wrote down what was owed when it was convenient to them. Since the company I work for bought the place roughly two years ago they have been doing what they can to sort through the mess. When I was hired in September of 2018 most everything was in Site link and was running smoothly but when I started going through all the backup paper files I notices none the RVs we rent to have titles or registration in there. we have a copy of the person's drivers license and their rental agreement that is it. They use this RV trailer (its a pull behind) as a storage as well so when there's a holiday or whatever they hurry and pay it off so they can get into it then they got past due again. I'm sick of dealing with it, its a hassle. I sent past due notices etc well I sent a Preliminary Lien and the tenants wife called said they will be in to pay it off. They must want Easter decor or something form it but when they pay it off I'm wondering can I end their lease tell them due to the constant past due nature we will no longer allow their lease to continue and it will be terminated in the next 10 days?  

ESS

@Belton4A  Sheesh! In that situation, I would call all RV, trailer, equipment owners and give them 30 days to provide proper paper work; we even allow them to take a picture of the info and email it from the email address we have on file for ease. If they don't or won't provide, let them know after the 30 days, you will give them a non-renewal. That is what we do. As far as that tenant, if they are that big of a headache, I would take their payment and hand them the non-renewal the same day. You might have some tenant's upset that you are requiring the info now, but if everything is legit, they should cooperate. If they don't want to or don't have it, it's probably best you don't have them there anyway due to liability and to prevent another headache like this happening.

ESS

@Belton4A I would like to add though, if this particular tenant can provide the proper docs, I would let them stay and keep letting them pay me late fees

i43storage

ESS said:

@Belton4A I would like to add though, if this particular tenant can provide the proper docs, I would let them stay and keep letting them pay me late fees

Exactly.  I have a couple of people who are pains, but all of the paid late fees make up for it.

MrFugate

Belton4A said:

 However we don't do auctions here, 

Is there a reason behind this ? 
     The property I took over in 2016 did not do auctions either until I came here. I had to deal with 15 units of "Stuff" , 5 stolen cars, 7 abandoned cars & 24 abandoned boats because the past manager did not want to mess with it.

If your property it a TSSA member working off of Bluemoon leases currently , but not before you took over ,you could ask the customers to stop it to update their info on the autos & their contact info then have them sign a new lease at that time. 

Drew_Scadoo

Well if your allowed to take ownership of it for auction, sounds like you and your coworks can go on that company camping retreat  you have always wanted!!