Cleveland, OH asked in Landlord - Tenant and Real Estate Law for Ohio

Q: Can apartment management legally tow my car if there's no parking agreement or signage?

I live in an apartment building, and my car was out of service and parked in the building's parking lot for a month. I informed management via email that it was my car and that I was saving for repairs. Despite this, they towed my vehicle. There is no signage about towing or parking limits, and I have no formal lease agreement. Can they legally do this?

2 Lawyer Answers

A: Sadly, more information is needed to fully answer the question. You stated "no formal lease agreement". What does that mean exactly? What kind of agreement is there? Are you paying the landlord directly? Are you a tenant? A subtenant? Your relationship to the building and parking lot owners means a lot with respect to their right to tow an inoperable vehicle from their lot. Generally you may look to Revised Code Chapter 5321 to see the rights and responsibilities for residential landlords and tenants. Good luck.

James L. Arrasmith
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Answered

A: In general, apartment management cannot tow your car without clear notice, especially if there's no signage or formal agreement about parking rules. In your case, since you informed the management about the situation, they might have been obligated to provide you with a warning or seek an agreement before towing your vehicle. If no official lease agreement or parking guidelines were provided, this could be a point in your favor.

Towing laws often require that the property provide clear signage about parking rules and potential towing, and they must follow local ordinances regarding notification before towing a vehicle. Without such notices or a lease agreement, the tow could be considered improper.

To address this, you may want to contact the towing company to clarify why they towed your vehicle and whether proper procedures were followed. You can also consider filing a complaint with your local consumer protection office or small claims court if you feel the towing was unjustified.

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