Cars Towed from Apartment Complex

[occa92656]

Aliso Viejo, CA
We live in a large apt. complex with unassigned parking and assigned single garage. My wife's car and my daughter's car were towed from unassigned parking slots within a month period. Both cars are registered with the apt. management as our cars. Both cars were parked overnight when towed. Per the landlord, the reason the cars were towed was because the parking sticker assigned by the landlord was not visible in the windshield window of each car. We received prior written notice from our landlord that any car parked overnight without that tag being visible would be towed without notice. The cost for each towing was $195. There is a sign at both entrances to the apt complex but the sign says that cars parked longer than 72 hours will be towed. There is nothing on the sign saying anything about cars being towed if left overnight without a parking tag. My question is, can the landlord tow our car if legally parked where we live if left over night in a non assigned parking stall without proper signage stating such restrictions? Isn't the landlord required by law to contact us (they have all contact information) and alert us prior to towing their tenant's car? This has happened to many other residents of this complex over the last couple of months. Your advice is greatly appreciated.

[Mr. Knowitall]

It sounds like the issue is not that you were parked for 72 hours, but that without the tag you're not an authorized vehicle. What does the sign say about unauthorized vehicles? Is there anything on the subject in your lease? Was something about the notice you received confusing?

Also, is there a reason that it is difficult to display the required parking tag?

[occa92656]

The sign does not mention "authorized" vehicles, only that cars left for more than 72 hours will be towed. The reason for the tags not being displayed are simple errors. My wife forgot to hang the tag on the rearview mirror after taking it in to be serviced. My daughter had parked her car in one of the open slots expecting to go back out that evening and later she fell asleep. I will find the lease and see what it says about parking and post that later. We had parked our 4 cars without incident for over a year and never once had any problem finding parking at any time prior to the change in parking policy. After the change in parking policy, over half of the parking slots are empty on any given night. It seems very unreasonable to tow legally parked cars of tenants for parking overnight in open stalls without any warning. Many, many other tenants have had the same thing happen to them.

[moburkes]

But, they're not legally parked if there is no sticker...

[occa92656]

Is that true? If there is not signage stating that a sticker is required to legally park? I mean really, can the landlord legally have my car towed without warning of any kind and without posted signage?
Here is the signage text at both entrances to the apartment complex:
Private Parking
No Parking
At red curbs
In "No Parking" Areas
In front of dumpsters
Open spaces over 72 hours
In front of garage door or carports
No Public Parking
Handicap parked vehicles must
Display placards or license plates
Issued for a handicapped person
Caution
Children at Play
vehicles in violation of
the forgoing will be towed
Away at owner's expense
For information concerning
Towed vihicles call
XXX Towing at 949-XXX-XXXX
O.C. Sheriff Dept. 949 770-6011
No bicycle riding on sidewalk
No skateboarding
No Loitering or soliciting
Violators will be prosecuted
cvc 22658A, cvc 225118A, B &D
cvc 22500,1
cpc 602.L and 602.N

[aaron]

"Private Parking" - without the tags, you seem to be running afoul of that first item.

[occa92656]

Private parking is for residents. I and my family are residents there. We pay rent to live there and the landlord has records on file in there office of my cars. I do not agree that I am running afoul of the term "Private Parking". If I did not live there, or my cars were not registered as my property, then the first item would apply.

[cdwjava]

Without the sticker, how are they supposed to know that you are a resident? They are under no obligation to run to the office at all hours and check the records of EVERY tenant to see whether yours was a vehicle registered there. You knew the rules, and you apparently failed to adhere to them.

Additionally, you admitted: "We received prior written notice from our landlord that any car parked overnight without that tag being visible would be towed without notice." So, you cannot say you were not warned.

If you want, you can take the management to small claims court. But, unless the tow was done in violation of CVC 22658, you're pretty much out of luck otherwise.

- Carl

[occa92656]

They would be able to identify my car using my license plate number. They require all tenants' cars to be registered with the management including proof of registration and insurance, so they know all that needs to be known about who the car belongs. The cars are parked in an unassigned spaces. The signage does not state a policy of cars tagged or untagged being towed for over night parking. It states that vehicles left on the property for more than 72 hours will be towed.

Based upon my readings, they are obligated to contact me per California law VC sec 22658. Actually, I believe they are obligated to make a good faith effort to locate and inform a tenant prior to towing a car parked legally. There are fines and jail possible for unauthorized towing of a car in California. It's called predatory towing and it is illegal. I suspect my landlord's management is breaking the law and has been doing so for months and to many, many tenants. We are talking tens of thousands of dollars with potential kickbacks. I wonder if the owners of that apartment complex knows what's going on with their management?

[cdwjava]

They would be able to identify my car using my license plate number. They require all tenants' cars to be registered with the management including proof of registration and insurance, so they know all that needs to be known about who the car belongs. The cars are parked in an unassigned spaces. The signage does not state a policy of cars tagged or untagged being towed for over night parking. It states that vehicles left on the property for more than 72 hours will be towed.

But YOU wrote that you had previous notice of being towed without warning ... this qualifies as proper notice.

And, again, they do not have an obligation to go to the office and search a couple hundred file folders before they tow the car - especially since you knew the rules and had notice of a no warning tow policy.

Based upon my readings, they are obligated to contact me per California law VC sec 22658. Actually, I believe they are obligated to make a good faith effort to locate and inform a tenant prior to towing a car parked legally.

"Good faith" does not mean they have to spend hours searching records in the office. If no one in the area knows whose car it is, that could be sufficient. They neither have to bend heaven and earth, nor do they have to knock on every door int he complex.

A representative of the management DOES have to be on scene, however, and this is where many tows fall short of 22658. If they WERE present - or their representative - then we go back to a small claims action ... one that you may very well lose if 22658 was at least arguably adhered to.

- Carl