Kicked out for Keeping a Crappy Car?

The elderly tenant that has been living quietly in herBakersfield apartment for over 5 years has been ordered to fix her car or get out. The property manager claims that they are enforcing policies outlined in the tenant’s lease in order to clean up the property & keep the area tidy. 17-KGET.com reports that the resident has been given 3 days to fix the damage on her car or she will be evicted from the apartment.

Stories like this make you wonder what the underlying reason for the action is. On the surface, it appears that the property manager is pushing around a low-income tenant simply because they can. Is the company trying to remove less affluent residents so that they can be replaced with tenants with higher incomes? Have they had other issues with this tenant over the past 5 years? Perhaps the manager has had complaints from other tenants about the state of the property. If other residents choose to move out because they feel like the place resembles a junk yard, managers will be forced to try to find new tenants. Before you know it, the vacancies are filled with tenants that are comfortable with broken down vehicles sitting out front. Now you don’t just have one damaged car in the lot, you have several. The property value starts to deteriorate and neighboring buildings will soon start to complain about the clutter & disrepair.

 

The focus here is on the forceful way the rule is being enforced. There is no doubt that the tenant likely lacks the funds to do the repairs to her car. The question is, how long has the car been sitting there & have the finances been so strained for so long that there is no way the car could have been fixed? Or is it possible that it was simply not a priority for the tenant and funds were directed to other matters with more significance or urgency. Is the car operational? If so, does it ever get used? If the car is run down and rarely driven, why wouldn’t the tenant just get rid of it & take advantage of public transit, taxis or car-pooling arrangements? The effort required to defend the need to keep a decrepit ride onsite would likely be better spent getting the car fixed or removed. If the family wants to be of assistance their mother, perhaps they can help to fix or dispose of the vehicle. Instead, they are criticizing the management company for trying clean up the property.

 

 If my view on the issue seems harsh, consider this. How many accidents and injuries or possibly even deaths are caused because a car that has bald tires fails to stop a crucial moment? Or what about the vehicle that veers off the road after a tie-rod snaps in the front end? Maintaining a car is an important part of vehicle ownership. It is not enough to gas up and hit the road. For the safety of the driver, passengers and other motorists it is the responsibility of the operator to ensure that the vehicle is in good condition. A car that has damage, wearing parts or that runs poorly has a higher chance of breaking down while in use or failing to operate properly in situations where emergency maneuvers are required.

 

 I have personally witnessed a van plowing into the back of a car. This was not because the driver of the van didn’t hit the brakes in time; it was because the tread on the tires was almost non-existent and incapable of gripping the wet road. The van skidded straight into the car causing grief and aggravation for not only the motorist that was hit, but every other person stuck in the traffic that was obstructed by the impact. When the husband of the lady in the van arrived on the scene, he berated his wife for causing the accident. I mentioned to him that I saw her brake with plenty of distance between her and the vehicle in front of her but the van just slid because the tires had next to no meat left on them. He told me “the tires are fine; I do the vehicle maintenance myself”. The owner of the car with a crushed trunk did not agree. If the tires had enough tread, the van would have stopped in time and the accident could have been avoided.

 

In a separate incident, a car was stranded on the side of the road with the front left wheel sitting at an awkward angle. This situation was no doubt the result of a broken front end. Regular maintenance by a qualified mechanic would have identified the fact that parts were wearing and were in need of replacement. What is worse is when a driver is aware of the substandard parts and chooses to drive anyway. This behavior puts others at risk and would never be accepted by a commercial vehicle operator. A company vehicle involved in a collision as a result of poor maintenance is cause for possible charges and severe penalties. An individual that causes an issue on the road is often excused or mildly reprimanded for the exact same action.

 

So as we may feel a great deal of sympathy for the elderly tenant with limited financial resources who is being pressured by the strong arm of the property manager, we must remember that as a society, we must uphold certain standards and requirements. The failure to do so results in the creation of a property that becomes home to clutter and debris and promotes the operation of substandard equipment on our roads and highways. If the management company allows residents to acquire, collect or keep items that are in poor condition around the building, the entire site will look more like a junk yard that a place to call home.

 

Perhaps this is an opportunity for the manager to offer acceptable solutions to the resident. Maybe the 3 day notice is far too difficult for the tenant to comply with and an exception could be made allowing more time for the matter to be addressed. If the manager is willing to accommodate, it is only fair to expect the same from those who wish to condemn them for their action. The family and supporters of the tenant can help to solve the problem by assisting in getting the car fixed or stored in another location that is less offensive until it can be repaired. Rather than nitpicking about what terminology is used in a lease agreement, tenants can consider the purpose of the policy & realize that it is there in order to maintain a pleasant atmosphere that all residents can enjoy.