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Can you impound a tenants car for past due rent?

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βˆ™ 2007-07-03 19:14:21

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no...i am a NY state judge and deal with summary proceedings regularly...if the tenant fails to pay, landlord must bring a summary proceeding and seek eviction...if judgment is rendered in favor of the landlord, it is strictly monetary and limited to the period of unpaid monthly rents according to the terms of the written lease, unless specific damages are sought and which may increase the amount of the judgment, and the landlord must go about seeking to enforce the judgment by way of an information subpoena (wherein then the landlord might attempt to garnish wages or force a public sale of assets to satisfy the debt, or other avenues available in individual states...even security that is held by the landlord cannot be used to pay back rent or even be applied to any back due or current rent...security money must be held separately in a separate bank account (not necessarily interest bearing) and cannot be mixed...if the landlord does apply security to rent without permission of the court, the landlord will be civilly liable...additionally, any personal belongings of the tenant must be held in a secure location for a specific period of time after they vacate...local court clerks will be able to give you a little help with certain time frames...

2007-07-03 19:14:21
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