Towed from Apartment Complex Without Manager's Consent

I live in California; Los Angeles County.

My car was towed on 11/05 from my apartment complex. It had been properly and parked there for about a week in guest parking. I went to check on the car today and found that it was missing. I received no call from management nor a notice on my door. I cannot see the car from my apartment. I do not often drive this car. I was told by the leasing agent that as long as I move the car every couple of weeks, I should be okay. I called the tow company that was posted on the gate, they do not have record of my car so I called the sheriff. They gave the name of the tow company, which is not posted on the apartment complex gate. This is a fully gates complex. The lease does mention towing cars with expired tags. The signs on the gate say that unauthorized vehicles will be towed, nothing else. I also checked the mail and received a letter from the tow company yesterday, 10/10, notifying me that the car was towed due to expired tags.

The apartment complex does not have record that the car was towed and thus did not notify me that it was going to be towed. The tow company said that the tow was authorized by one of the contracted security guards, not by management. They said he left a 94-hour notice, which I obviously never saw (assuming it was there in the first place). Due to all of this, my car has been sitting there, accruing fees for the last 6 days without my knowledge that it had even been towed.

I'm getting my car out tomorrow. My question is, did they do anything illegal (security guard authorizing the tow, tow company not posted, took 5 days to get a letter from the tow company, etc)? Am I able to take any recourse? My tags were expired, fair enough, but not knowing about the tow for 6 days is seriously devastating to my wallet. Thanks in advance!

Why were you parked in guest parking, which is clearly intended as short term, for a week or more?

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Quoting Cassondra85

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I live in California; Los Angeles County.

My car was towed on 11/05 from my apartment complex. It had been properly and parked there for about a week in guest parking. I went to check on the car today and found that it was missing. I received no call from management nor a notice on my door.

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How would the management know who the car belonged to? Does it have a resident tag and number on a decal or some other indicator?

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I was told by the leasing agent that as long as I move the car every couple of weeks, I should be okay.

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"Should" does not equal "shall." Unless you had such a promise in writing, I suspect that's a non-starter.

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I called the tow company that was posted on the gate, they do not have record of my car so I called the sheriff. They gave the name of the tow company, which is not posted on the apartment complex gate. This is a fully gates complex. The lease does mention towing cars with expired tags. The signs on the gate say that unauthorized vehicles will be towed, nothing else. I also checked the mail and received a letter from the tow company yesterday, 10/10, notifying me that the car was towed due to expired tags.

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They cannot tow simply for expired tags. Now, the MANAGEMENT can authorize a tow for such a thing if it violated their rules, but the tow company cannot do so on their own initiative even if they had a towing contract with the property manager.

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The tow company said that the tow was authorized by one of the contracted security guards, not by management.

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That's sufficient to authorize the tow per VC 22658.

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They said he left a 94-hour notice, which I obviously never saw (assuming it was there in the first place). Due to all of this, my car has been sitting there, accruing fees for the last 6 days without my knowledge that it had even been towed.

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That sucks, but I don't know that you have a leg to stand on provided the security guard DID sign for the tow. Apparently the leasing agent didn't talk to the security company, and apparently the guard assumed that after 94 hours (just a hair shy of 3 days) any guest should have been gone. I do not see any wrongdoing on the part of the tow company or the management's agent, the security guard.

Next time, park in an authorized spot and not in guest parking (which is intended for actual guests, I imagine).

Perhaps you can speak to the management and seek clarification on the issue and then ask that they coordinate whatever the policy is with the security company so that this does not happen again ... either because you will not park in guest parking again, or, they will not tow a resident from guest parking in the future.

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I'm getting my car out tomorrow.

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Yes. Get the car out ASAP. If towed on the fifth, you might be at or above $600 in impound fees by tomorrow!

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My question is, did they do anything illegal (security guard authorizing the tow, tow company not posted, took 5 days to get a letter from the tow company, etc)? Am I able to take any recourse? My tags were expired, fair enough, but not knowing about the tow for 6 days is seriously devastating to my wallet. Thanks in advance!

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The tow company need mail the letter within 48 hours. If it were towed on the 5th and mailed by the 7th, your receipt of the letter on the 10th is not unreasonable. Check the postmark.

Your recourse at this point would be to speak with the management and see what they have to say about the issue. You might try a "hail Mary" bluff and point out that the tow company that took it is not on the sign up front. But, it is unclear that the company contacted to make this impound must be from the company on the sign since this is arguably outside the contracted "general towing authorization" covered by 22658.

At this apartment complex, each complex has one reserved spot for each unit. There are 200+ units in the complex, all units have 2 bedrooms. If the tenants require more than one parking space, they have to park in the unassigned "guest parking". There are no signs that state it is specifically guest parking, just that unauthorized cars will be towed. Parking in "guest parking" is not at all unusual for tenants. I see unhitched trailers, a roter rooter van, and I've seen a couple of cars with car covers that sit in the same spot for weeks if not months. I've been parked in that spot and a few others around it for the last five months, moving it every couple of weeks as suggested by management.

The management has a database of all tenant cars, which they look up by license plate. Car information was mandatory on the lease, as is notification if you get a new car so they know about it. The leasing office said when they are about to tow someone, they typically call but I image that's only a courtesy.

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Okay so, after studying V C Section 22658 (I am going for the hail Mary, cdwjava), I'm now looking at (e)(1) "(e) (1) An owner or person in lawful possession of private property, or an association of a common interest development, causing the removal of a vehicle parked on that property is liable for double the storage or towing charges whenever there has been a failure to comply with paragraph (1), (2), or (3) of subdivision (a) or to state the grounds for the removal of the vehicle if requested by the legal or registered owner of the vehicle as required by subdivision (f)."

As per (a)(1) "There is displayed, in plain view at all entrances to the property, a sign...the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property..."

The towing company on the sign is a different company than the one that actually towed my car. Do you guys think I have a leg to stand on? Any help is greatly appreciated.