Parking at an apartment complex comes with certain rules and regulations. One important thing for tenants to understand is under what circumstances an apartment complex is allowed to tow vehicles without providing advance notice.
In this article, we will explore the question of whether an apartment complex has the right to tow your car without providing any notice.
Can an apartment complex tow your car without notice?
Yes, an apartment complex can tow a tenant's vehicle without notice under certain circumstances. If a tenant parks their car in a spot that is not assigned to them based on their lease agreement, such as a reserved or guest parking space, the landlord has the right to immediately remove the vehicle through towing.
The landlord's private property rights give them authority to enforce parking rules and regulations on the premises.
Related: Is An Apartment Complex Private Property?
Why would an apartment complex tow your car without notice?
There are a few specific reasons an apartment complex may tow a vehicle without advance notification:
-
If the car is parked in a reserved spot for a different tenant or apartment. Reserved spots are assigned based on the lease terms and parking elsewhere violates that agreement.
-
If the vehicle is abandoned. After a period of time without being moved, typically several days to a week, a car can be considered abandoned by the landlord.
-
For repeat parking violations. Tenants who consistently disregard parking rules after previous warnings may have their car towed the next time an offence occurs.
What are the legal notice requirements for towing?
While apartment complexes can tow without notice in some scenarios, there are legal notice requirements they must follow for most towing situations. The landlord is required to provide written notification of the parking violation and their intent to remove the vehicle if the issue is not resolved.
This notice must be delivered within a certain timeframe, typically 24 hours, and include specifics like the vehicle description, parking infraction, and length of time to correct before towing. Towing without adhering to these notice procedures could result in the landlord facing legal issues.
Does the rental agreement cover car towing policy?
Ideally, a well-written rental or lease agreement should explicitly address the apartment complex's car towing policies. It is not enough for a landlord to simply rely on broad property rights to tow as they please. California law requires the towing authority be clearly stated and consented to in the signed contract.
If the agreement is silent on towing or does not properly authorize it, tenants may have recourse to dispute an unwarranted removal. Ensuring lease language acknowledges potential towing helps prevent disputes down the road.
Who has authority to direct a tow from the property?
While many assume only the property owner can initiate a tow, several different parties may be legally allowed to do so. The landlord does not necessarily have to be directly involved for a tow to be valid.
Under most state laws, the towing can be ordered by the landlord, their employees or contractors, law enforcement, or in some cases, other tenants in regards to certain parking violations like blocking access. As long as the person directing the tow has the right to enforce property rules, the removal remains lawful.
What recourse is available if towed without proper notice?
If an apartment complex skips the required notification steps under state law and tows a tenant's unoccupied car without meeting those conditions, the tenant may be able to recover damages.
They should first check their rental agreement as well as state statutes governing landlord-tenant towing policies. With documentation that procedures were not followed, the next step is usually sending a demand letter requesting reimbursement for towing and storage fees.
If the complex refuses to pay, taking them to small claims court could result in a judgement against the landlord. Proving the tow lacked authority is key to a successful complaint.
Conclusion
In summary, while apartment complexes can in many cases tow resident vehicles without advance warning, there are legal considerations around proper notice and cause. Parking violations that threaten safety or lease terms usually permit immediate removal.
