Discussions

Around 10 months ago a "friend" asked to rent my garage to store his car. He paid the first 2 months, late on both rent payments. Now its been 8 months and no contact, he owes me 100$ per month for rental and i cant contact him. What im asking is there anyway i can put a lien on this car and take possession of this vehicle, id say the car is worth around what he owes me. This car is on my private property in my garage, i really dont want to impound it and have this car just go to waist for parts (rare car). Any advice would help ... thx.

I would suggest you consult with a lawyer. Most will give you a free 15-minute consultation.

Timetowakeup said "Look up garage keepers lien "

just im not a business garage, just my personal garage ... i wonder if considered the same thing?

I thought that any property left unclaimed after 6 months was classified as abandoned and it's yours to keep?  
 
No idea if that works the same for a vehicle.

I wonder if this is more of a landlord/tenants issue. You are the landlord renting him the garage. You have to evict him. You have to store his "belongings" for so long. Then you can sell them.  

I doubt you have any written agreement outlining anything, your only realistic option is small claims...you can sue and maybe even win but if he's as broke as you let on, then the whole "blood from a stone" thing kicks in and you won't ever really be able to collect. Any lawyer will tell you to just chalk it up as a life lesson.  
 
I'm assuming the real motive here is you're gunning for his car and it's not going to happen the way you're hoping. Just registering the lein is going to be a few hundred bucks and then you need to serve him and he will have the option of paying you to release it.

If you have the keys, why not just take it out of your garage and park it outside. Let the car rot. IF there is only a verbal agreement, and he is not paying you. I would do that.

Look under the The warehouse liens act of Manitoba Canada.This should apply.

The act, you need a degree t understand it l would go with what luvmykids said. Hope you get some answers.

A vehicle has a title. You can't just assume ownership and do what you want with the vehicle. You have to legally acquire the title before it can be yours to do with as you want.  
 

for the replies .... all im looking for is basically to take legal ownership of the car. Not looking for him to pay me back, as im sure he cant ..... and yes i know about timeline to take possession of his items, but a car has a title and i want it transfered to me. Yes my last option is to just leave it on the street .... as i have the spare set of keys =) i just thought maybe i could give this car a new life and not just end up getting it crushed !! Its a beautiful car and will be a shame to see it destroyed.

http://www.manitobacourts.mb.ca/court-of-queens-bench/court-proceedings/small-claim-information/  
Check out the above website!

we had a similar situation and the police told us that if no contact from the owner for 3 months it is yours.

Listener said "we had a similar situation and the police told us that if no contact from the owner for 3 months it is yours. "

but how did you get the title transfered ? maybe i should call bps and find out lol ... Thanks =)  

canary57 said "http://www.manitobacourts.mb.ca/court-of-queens-bench/court-proceedings/small-claim-information/   Check out the above website! "

ive been tempted to go to the courthouse and find out .... seems only costs 50$ to file not hundreds like another said.

will help, try mpi as well they may have a suggestion. If the police are saying it is yours after 3 months ask for the documentation for that. and even if they are right, how do you go about getting your name on the TOD slip, that's where a lawyer will come in.

A garage keeper includes someone who stores a vehicle, which you did. So, go talk to a lawyer about how the process works. Basically, you file a lien against the car, official notice is require to the registered owner and then after 60 days you can sell the car at auction. You get the money owed for storage, cost of seizure, advertising and auction costs and the rest goes to the province to effectively be held if the guy ever asks for his money back.  

jennkenn said "if this person is having difficulty, sometimes the decent thing to do is just find next of kin to drop it off with, move onto street, etc, yes, you take a loss,that what happens to nice people sometimes, wear it like a badge. "

he walked all over me.... took advantage of my offering and opening my home to him ... theres more to the money and him renting off me that i have said here. Ive spent too much time trying to contact him with no answers , sorry but nope!! Also how do u drop off a car with no insurance ? would be risking myself to help him .... nope !!  
I also did try to get him to just take it back, ive texted him tell him to come get it, i dont want it here in my garage anymore. He will say ya ill come get it tonight (i waited all night) and he never shows ... im done with that route.  
 
Edited by Reid, 2016-01-28 21:41:56

that it might be worth 1,000$ as it sits, wont be enough for all this.  
 
Edited by Reid, 2016-01-28 21:35:45

if in Brandon, get it into the street. Wait 5 days then call by-law about car parked on street more than 48 hours. Eventually it will get towed. That gets it out of your garage, but not your money. Depends what is more important to you I suppose...

PJC said "if in Brandon, get it into the street. Wait 5 days then call by-law about car parked on street more than 48 hours. Eventually it will get towed. That gets it out of your garage, but not your money. Depends what is more important to you I suppose... "

is my final option i think , but id like to see if i can save it first off .... but ya the main point is i want it out of my garage. This might be a final option ... Thx =)

resort to the "finders keepers act" consult with any 5 year old to shed more details on it

E.S. said "resort to the "finders keepers act" consult with any 5 year old to shed more details on it "

ya hey ....  
 
Well the issue is I just want it gone, this has been a headache i'm done with. I just want my garage back, and maybe if i could find a way to take title on the car for debt owed .... fine. If not then so be it, i do know that city by-laws i can have it towed as abandoned on private property. They keep for so many days impound, and they auction it. The amount at auction pays for towimpound fees .... issue is im afraid they dont get enough at auction to cover said fees, the city will add the extra amount to my property taxes for next year. I have this set with a mortgage and im not willing to have these numbers change, so i would like another option. Thank you all for all the ideas =)  
 
Edited by Reid, 2016-01-29 01:03:56

Y are u charging ur friend and y would u screw him over charging him or trying to take possession of his car if it was going be in ur way say no sorry can't put it in my garage but if it wasn't going be in ur way don't get y u charge a friend if it was co worker then I can see

jennkenn said "unless you have a contract,i doubt you can claim he owes for 8 months, I hope u do, otherwise, I think you will find that maybe you can claim a month unowed, otherwise, they ask why u continued to store it when it wasn't being paid for. not being snarly, I think you did a nice thing, but I would just pull on curb and forget about it. "

doesn't have to be in writing to be valid, a verbal contract id legal, goes back to the days of the good old handshake and your word was a reflection of your character.  
For a contract to be binding it has to meet both peoples needs, in this case, the rental of storage space for a car for a sum of money. well now that the person hasn't paid, BREACH OF CONTRACT!!  
now like a few people have stated, you can move the car out of the way and leave it parked on the street, but you want to keep the car? sell it for parts with no TOD!! it already belongs to you, so get rid of it, if the guy comes back looking for his car just say WHAT CAR? I thought YOU took it!! if you want IM me with the make and model of the car, I may be interested!! :-)

im not sure what act this would fall under but under the rental act what happens when someone doesnt pay is you can file for possession of the building back and a claim for amount owing, then once granted you are legally allowed to sell the belongings, unfortunately you are not allowed to just keep the stuff and call it even but someone you know can technically buy the item at fair market value then you get to keep the amount you receive up to the claim amount awarded and the rest goes into trust for the guy for a time period and if he doesnt collect the government takes it  
 
in this case what you might be better off doing is offer the guy to wipe out his dept in exchange for the car or you can go the court route and tow the car and likely never see your money, the car if not claimed from the tow yard would eventually be auctioned off and what the new owner does with it who knows  
 
 
this guy made a deal with you and you sacrificed the spot for this long, in agreement for cash so he is the one not being a friend not you not the other way around so dont feel bad for taking steps to rectify the situation he has put you in

At this point i just dont care and im tried of being used to store someone else's car in my garage. Would be nice to take title (and ill work on that first) but worst comes to worst i have other ways to deal with this right away. Thank you again ebrandon for the wonderful ideas =)

Jimm said "Y are u charging ur friend and y would u screw him over charging him or trying to take possession of his car if it was going be in ur way say no sorry can't put it in my garage but if it wasn't going be in ur way don't get y u charge a friend if it was co worker then I can see "

if you dont understand dont add to it .... how am i screwing him over.....omg ???? He has ditched his car with me in my building so i cant use it now. I offered over 8 months ago to help him, and this is the thanks i got. Wow put yourself in my shoes, im sure you wouldnt like being used either !! As for it being in my way now, sorry my crystal ball was in the shop that day .... i didnt know he would do this.