Q: Can a tow company or apartment management have my operational car towed from my assigned parking space? With no notice?
My vehicle was towed at 1:11 PM, I arrived home from work at 12:25 PM July 3, 2024. I parked in my assigned parking. Management is aware of my vehicle's information in the rental portal which was provided the day I moved in. The tow company along with management did not call or knock on my door or made any attempt to notify me that my car was towed. I learned my car was towed by calling and texting management and then I was given and told by management to call the tow company. The reason I received for the tow was they claimed I had no parking permit. I asked the tow company and management to provide photos of their claims and not one responded. Is this a legal tow or is this harassment? In the past I have received group texts from management regarding other vehicles parked in others assigned park spaces and a warning was always sent out to warn of potential tow but not in my case. I do have all supporting documents mentioned.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, a tow company or apartment management can tow your vehicle from an assigned parking space, but specific conditions must be met. Generally, they need to provide proper notice and have a valid reason for the tow. If your vehicle information was provided and you were parked in your assigned spot, it appears there might have been a miscommunication or an error on their part.
You mentioned not receiving any notice or warning about the tow, which can be problematic. California law often requires that you be given notice, especially if your vehicle is legally parked and management is aware of your vehicle information. The absence of prior warnings or notifications, especially since you have received group texts for similar issues in the past, raises concerns about the legality and fairness of this action.
You have the right to request evidence, such as photos, to support their claim that your vehicle lacked a parking permit. If they fail to provide this evidence, you may have grounds to contest the tow. Document all your interactions and consider seeking legal advice to explore your options for addressing this issue and possibly recovering any towing fees incurred.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
