Results 1 to 2 of 2
  1. #1
    Join Date
    May 2010
    Posts
    1

    Default Car Towed by Unauthorized Duplex Tenant Without Property Owner Permission

    My question involves towing laws for the State of: Ohio (Medina County) I was staying at a family members place where she lives upstairs and her neighbor lives below her. She gets a parking lot of 3 spots to herself which she uses all 3. The neighbor lady below has her own parking lot on the opposite side of the residence which she uses one spot for her car and could park about 8 cars there. Her neighbor does not like anybody parking in any of her spots, and has a posted tow zone sign by a company she is friends with the owner of the towing company. It was discussed with the landlord that 1 of the neighbors parking spots on her 8 lot parking lot were to be for anybody who would be visiting upstairs. He confirmed this with my family upstairs, but it is unknown if he confirmed it with the lady downstairs. So thats our parking situation.

    I come over to spend the night the night of mothers day, I park in our designated spot available by the pole in the neighbor ladies below parking lot on the opposite side of the residence as instructed to do so for visiting by the property owner. I wake up the next morning to my car being gone. I was in no way informed of my vehicle being impounded by a towing company nor the caller so like most in my situation I reported my car stolen. Cop shows up calls the number on the sign for the towing company and they have my car. He says he can do nothing its a civil matter work it out with the resident and that the landlord should defiantly be contacted. So landlords contacted says he will stop by and help work things out. I call up this towing company, and I wish I recorded the call cause the lady I got didn't know next to shit about what was going on in the world. I asked if she had my car she said yes. I asked the total to get it out she says 60.. im like 60 for the tow? She says yes and i said okay no other fees just 60? She says o hold on then comes back with 150 + tax and i said okay what part of total do you not understand if you only accept cash i need the exact total not a bunch of guesses!!! I then ask where they are located and she says i meet a tow truck driver at a gas station and he takes me to the impound lot (like its some kind of secret impound) i said are you serious? she said yes just call us when u get to this gas station. I asked what i would need to get the car out and she said my id... I said anything else? title? registration? and she goes oh yeah you'll need one of those, and i said okay which one? or both? your not telling me anything here.

    So I get a ride to get my title and registration which is a 60mile round trip to where I live. I later arrive at this gas station and call this towing company back. They said hold on we will send somebody to meet you, so we wait for about 5 minutes and I get a call back and the lady says okay were busy so just meet us at the impound lot its 2024... That was what I got the numbers 2024. I said okay SO WHERE IS IT? 2024 isnt telling me much, and then she gets an attitude like she was giving me too much info SO I get to the impound lot which I should've just been able instructed to go to begin with and I give them 159.75 for the fee and i get my receipt... was never asked for proof of ownership, no title, no identification nothing.. Just money thats it!... and we get a call from the landlord saying he decided to do nothing about it that we can work it out with the neighbor lady downstairs that its not his problem, and that he had no knowledge of her posting such a sign and never gave her permission to remove any vehicles. So shouldn't this towing company have found out if she was authorized to have this done, and she had it done so easily.. So why cant anybody just have any car randomly towed and get away with it like she has... Why cause she's friends with this company? And because of that she just gets away with this? I'm left pissed off and clueless on how to proceed any information on what I can do legally so somebody pays for this car being towed for no reason, any help on how i should proceed with this situation so this lady and/or towing company does not get away with this because i find this very wrong. Any help at all is greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Car Towed by Unauthorized Duplex Tenant Without Property Owner Permission

    Read the statute. I am skeptical that the towing was proper as it would appear that the owner must establish the tow-away zone (although, once established, the person having right to possession could enforce it).
    Quote Quoting ORC 4513.60 Vehicle left on private residential or private agricultural property without the permission of person having right to possession of property.
    (A)
    (1) The sheriff of a county or chief of police of a municipal corporation, township, or township police district, within the sheriff’s or chief’s respective territorial jurisdiction, upon complaint of any person adversely affected, may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in section 4513.63 of the Revised Code, that has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property. The sheriff or chief of police, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the sheriff or chief of police. When ordering a motor vehicle into storage pursuant to this division, a sheriff or chief of police, whenever possible, shall arrange for the removal of the motor vehicle by a private tow truck operator or towing company. Subject to division (C) of this section, the owner of a motor vehicle that has been removed pursuant to this division may recover the vehicle only in accordance with division (E) of this section.

    (2) Divisions (A)(1) to (3) of this section do not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with division (B) of this section.

    (3) As used in divisions (A)(1) and (2) of this section, “private residential property” means private property on which is located one or more structures that are used as a home, residence, or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. “Private residential property” does not include any private property on which is located one or more structures that are used as a home, residence, or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.
    (B)
    (1) The owner of private property may establish a private tow-away zone only if all of the following conditions are satisfied:
    (a) The owner posts on the owner’s property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that contains at least all of the following information:
    (i) A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;

    (ii) The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and the place from which it may be recovered;

    (iii) A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge, in an amount not to exceed ninety dollars, and a storage charge, in an amount not to exceed twelve dollars per twenty-four-hour period; except that the charge for towing shall not exceed one hundred fifty dollars, and the storage charge shall not exceed twenty dollars per twenty-four-hour period, if the vehicle has a manufacturer’s gross vehicle weight rating in excess of ten thousand pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer.
    (b) The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted, and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township in which the private tow-away zone is located.
    (2) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (B)(1) of this section, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or the owner’s agent may remove, or cause the removal of, the vehicle, the owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle and to the payment of the towing and storage charges specified in division (B)(1)(a)(iii) of this section, and the owner, subject to division (C) of this section, may recover a vehicle that has been so removed only in accordance with division (E) of this section.

    (3) If a municipal corporation requires tow trucks and tow truck operators to be licensed, no owner of private property located within the municipal corporation shall remove, or shall cause the removal and storage of, any vehicle pursuant to division (B)(2) of this section by an unlicensed tow truck or unlicensed tow truck operator.

    (4) Divisions (B)(1) to (3) of this section do not affect or limit the operation of division (A) of this section or sections 4513.61 to 4513.65 of the Revised Code as they relate to property other than private property that is established as a private tow-away zone under division (B)(1) of this section.
    (C) If the owner or operator of a motor vehicle that has been ordered into storage pursuant to division (A)(1) of this section or of a vehicle that is being removed under authority of division (B)(2) of this section arrives after the motor vehicle or vehicle has been prepared for removal, but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of motor vehicles under division (A)(1) of this section or of vehicles under division (B)(2) of this section, whichever is applicable, that normally is assessed by the person who has prepared the motor vehicle or vehicle for removal, in order to obtain release of the motor vehicle or vehicle. Upon payment of that fee, the motor vehicle or vehicle shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that:
    (1) If the motor vehicle was ordered into storage pursuant to division (A)(1) of this section, it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable.

    (2) If the vehicle was being removed under authority of division (B)(2) of this section, it is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.
    (D)
    (1) If an owner of private property that is established as a private tow-away zone in accordance with division (B)(1) of this section or the authorized agent of such an owner removes or causes the removal of a vehicle from that property under authority of division (B)(2) of this section, the owner or agent promptly shall notify the police department of the municipal corporation, township, or township police district in which the property is located, of the removal, the vehicle’s license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.

    (2) Each county sheriff and each chief of police of a municipal corporation, township, or township police district shall maintain a record of motor vehicles that the sheriff or chief orders into storage pursuant to division (A)(1) of this section and of vehicles removed from private property in the sheriff’s or chief’s jurisdiction that is established as a private tow-away zone of which the sheriff or chief has received notice under division (D)(1) of this section. The record shall include an entry for each such motor vehicle or vehicle that identifies the motor vehicle’s or vehicle’s license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular motor vehicle or vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle or vehicle and requests information pertaining to its location.

    (3) Any person who registers a complaint that is the basis of a sheriff’s or police chief’s order for the removal and storage of a motor vehicle under division (A)(1) of this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.
    (E) The owner of a motor vehicle that is ordered into storage pursuant to division (A)(1) of this section or of a vehicle that is removed under authority of division (B)(2) of this section may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed ninety dollars, and storage, in an amount not to exceed twelve dollars per twenty-four-hour period; except that the charge for towing shall not exceed one hundred fifty dollars, and the storage charge shall not exceed twenty dollars per twenty-four-hour period, if the vehicle has a manufacturer’s gross vehicle weight rating in excess of ten thousand pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle also shall be required for reclamation of the vehicle. If a motor vehicle that is ordered into storage pursuant to division (A)(1) of this section remains unclaimed by the owner for thirty days, the procedures established by sections 4513.61 and 4513.62 of the Revised Code shall apply.

    (F) No person shall remove, or cause the removal of, any vehicle from private property that is established as a private tow-away zone under division (B)(1) of this section other than in accordance with division (B)(2) of this section, and no person shall remove, or cause the removal of, any motor vehicle from any other private property other than in accordance with division (A)(1) of this section or sections 4513.61 to 4513.65 of the Revised Code.

    (G) Whoever violates division (B)(3) or (F) of this section is guilty of a minor misdemeanor.
    If it needs to be said, the neighbor isn't a psychic. If somebody is going to cut deals with the landlord to park in her spaces, being fully aware of her opposition and warning signs, it doesn't require any great genius to realize that somebody should tell her.

    1. Sponsored Links
       

Similar Threads

  1. Fence Built by Non-Property Owner Without My Permission Over My Property Line
    By texrose in forum Real Estate Ownership and Title
    Replies: 12
    Last Post: 04-15-2011, 09:15 PM
  2. Towing: Car Towed from Shared Parking Lot by Unauthorized Tenant
    By missunderfold in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-12-2010, 05:45 PM
  3. Rental Agreements: Indemnifying a Property Owner from Tenant Injury
    By BuckeyeBoy in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-02-2010, 03:21 AM
  4. Foreclosure: Property Rights of Owner when Tenant Occupied Foreclosure
    By Legalrights in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 02-03-2009, 01:46 PM
  5. Eviction Process: A Guest Or A Tenant? What Are My Rights As Property Owner
    By Questionner1 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-27-2008, 11:09 AM
 
 
Sponsored Links

Legal Help, Information and Resources