Q: Can My vehicle be towed by an apartment manager?
My wife who is disabled parked in the maintenance parking spot. All the spaces were full and she was in too much pain to walk from our assigned spot. The new manager posted a sticky note saying * I will tow your car if you park here again!* signed manager. This is in fresno county California. The apartment complex has no signs saying unauthorized vehicles will be towed with the name of the towing company. This was her first time since we lived here for 8 years ever parking there. The only sign here is for unauthorized vehicles will be towed at the entrance but we are tenants. Is it legal to tow our car with a sticky note as a warning? I believe the manager is trying to use this spot for her own. Please help.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California Vehicle Code Section 22658, your apartment manager cannot legally tow your vehicle without proper signage that meets specific requirements. The law requires visible signage at all entrances with the name and phone number of the towing company, along with clear markings for restricted areas.
Given your wife's disability, you may have additional protections under fair housing laws. The apartment manager should engage in an interactive process to provide reasonable accommodations for her disability, which could include flexibility with parking arrangements when needed due to medical necessity.
Your best immediate steps are to document everything (take photos of the sticky note and lack of proper signage), submit a written request for disability accommodation to management, and keep records of all communications. If the manager attempts to tow without proper notice or refuses to accommodate your wife's disability, you can file a complaint with the California Department of Fair Employment and Housing or seek legal assistance through your local tenant rights organization.
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.
