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  1. #1
    Join Date
    Apr 2018
    Posts
    1

    Question Can a Landllord Evict a Tenant if Their Guest Reports an Illegal Tow

    My question involves landlord-tenant law in the State of: California

    I was at a friend's apartment( a regular occurrence), when my friend gets a knock at the door from a concerned neighbor, warning me that if I don't go stop the apartment manager, my car is going to get towed right then. When I run out to the parking lot, the tow truck driver, and apartment manager, and maintenance man, were surrounding my car. The manager was telling the driver that my car was not operable and has been sitting in the same spot for too many days.

    But, I had just arrived at my friend's apartment, and my car is operable, it's fine. I use it every day. I was parked in a parking spot labeled visitor, and there are NO signs displayed regarding the towing of vehicles, or the tow company, or the law. I explain that to the apartment manager, and the tow truck driver, he left , nothing happened. My friend and I decide to trade spots. I parked in her assigned parking spot and she parked in the visitor spot, just to be sure there isn't any more issues. No plaques or stickers or any kind of id is used on cars, just spots.

    My car was gone by 8:00 the next morning.. I've never received any kind of notice or info. When I asked the manager what tow company they use, she asked if I was going to get my car, and I replied ," you'll see".

    No more than 5 min after speaking with her, my friend gets a phone call from the manager. The manager asked if she would please come speak with her, but not to mention it to your guest. My friend wanted me to hear what the manager was going to tell her, so she called me and left her phone on while she spoke with the manager so me and her daughter could hear everything.

    The manager told my friend that if I want to stir up problems over my car that she will be evicted. Basically, if I let her steal my car she won't harass my friend. I really needed my car, and I lost it because I didn't have any money to pay for the fee. What do I do?

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

    Default Re: Can a Landllord Evict a Tenant if Their Guest Reports an Illegal Tow

    Your complaint about an improper tow is not a valid basis to evict somebody else. That said, assuming there is no applicable rent control ordinance, if your friend is a month-to-month tenant, the landlord can give notice terminating the tenancy "just because", and if your friend is on a lease term the landlord can choose not to renew the lease when it expires.

    So you need to consider whether you are going to take any action in relation to the vehicle, and your friend needs to consider whether she really wants to continue to live in a community managed by that type of landlord.

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