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  1. #11
    Join Date
    Aug 2019
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    7

    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting Mark47n
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    The linked section applies to law enforcement.

    In the OP's case, since it's not a place of public accommodation that would require posted signage, either written of verbal warning is sufficient, which is not to say that a LL can't give verbal or written notice of an impending towing.

    In other words, you were notified that your car is going to be towed by the property owner. You'll know if he can at 0801.
    But what if it was verbally agreed that the tenant would be given at least 1 days notice and that agreement was breached by the property owner?

    There has to be some sort of timeframe attached to the law you're referencing, to ensure tenants will be available right?

    Point being, had I been notified before I left this morning, I would've been able to move my car before going out of town. But instead he waited til after I left to notify me, knowing I wouldn't be back til late tomorrow.

    Isn't that the landlord's fault? It seems a tenant has a right to park their car at their own residence while out of town, without having to worry about it being towed when they get home.

    Maybe I'm wrong but it just doesn't sound legal unless it's an emergency (which this isn't).

  2. #12
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Mike, it's probably more of a civil matter if it happens, as opposed to criminal.

  3. #13
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting MikeD81
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    But what if it was verbally agreed that the tenant would be given at least 1 days notice and that agreement was breached by the property owner?

    There has to be some sort of timeframe attached to the law you're referencing, to ensure tenants will be available right?

    Point being, had I been notified before I left this morning, I would've been able to move my car before going out of town. But instead he waited til after I left to notify me, knowing I wouldn't be back til late tomorrow.

    Isn't that the landlord's fault? It seems a tenant has a right to park their car at their own residence while out of town, without having to worry about it being towed when they get home.

    Maybe I'm wrong but it just doesn't sound legal unless it's an emergency (which this isn't).
    It's legal, you were informed, you don't have to be available, and there isn't a required timeframe spelled out.

    If you don't like the answer, well, it's the only one I've got. I guess you'll have to find out if he's bluffing and, if he's not bluffing, you'll have to decide if you want to tangle with taking your father/LL to small claims court.
    "Where do those stairs go?"
    "They go up!"

  4. #14
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting Mark47n
    View Post
    The linked section applies to law enforcement.

    In the OP's case, since it's not a place of public accommodation that would require posted signage, either written of verbal warning is sufficient, which is not to say that a LL can't give verbal or written notice of an impending towing.

    In other words, you were notified that your car is going to be towed by the property owner. You'll know if he can at 0801.
    You are misreading or misinterpreting the statute that was linked to.

    Sec. 252d.

    (1) A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the last-titled owner of the vehicle in any of the following circumstances:

    (g) If the vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner that impedes the movement of another vehicle.
    So all the owner of the property has to do is call the police and request that car be towed. There is nothing criminal about it and it doesn't have to be a place of public accommodation. Nor do signs have to be posted.

  5. #15
    Join Date
    Aug 2019
    Posts
    7

    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting budwad
    View Post
    You are misreading or misinterpreting the statute that was linked to.



    So all the owner of the property has to do is call the police and request that car be towed. There is nothing criminal about it and it doesn't have to be a place of public accommodation. Nor do signs have to be posted.
    Update: He tried towing it and was told he doesn't have authority because my mom owns half the house and she didn't authorize it.

  6. #16
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting budwad
    View Post
    You are misreading or misinterpreting the statute that was linked to.


    ...So all the owner of the property has to do is call the police and request that car be towed. There is nothing criminal about it and it doesn't have to be a place of public accommodation. Nor do signs have to be posted.
    I am not misreading. If you look at the beginning of the statute it is clearly specific to law enforcement. A property owner doesn't require law enforcement to have a vehicle towed and doesn't necessarily have to have it posted as long as the owner of the vehicle is informed that the vehicle will be towed.

    I noted that signs have to be posted at places of public accommodation. To clarify, those signs serve as that notice so that those parking on the property are notified that they are subject to towing if the violate the terms of the implied contract when using a parking lot. Since the OP lives with his parents, the property owners, being told verbally will suffice. There is no need to involve law enforcement to have the vehicle towed.

    Quote Quoting MikeD81
    View Post
    Update: He tried towing it and was told he doesn't have authority because my mom owns half the house and she didn't authorize it.
    I'd start looking for a new place to live. If you were my kid and you tried this I'd make your life hell for that time that I was require to provide notice. If your mom doesn't agree to that notice she can't stop your dad from making you miserable.

    You better suck up to your mom for all that you're worth.
    "Where do those stairs go?"
    "They go up!"

  7. #17
    Join Date
    Nov 2013
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    7,056

    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting Mark47n
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    I am not misreading. If you look at the beginning of the statute it is clearly specific to law enforcement. A property owner doesn't require law enforcement to have a vehicle towed and doesn't necessarily have to have it posted as long as the owner of the vehicle is informed that the vehicle will be towed.
    You are misreading the statute. If you are a property owner in Michigan and you want someone's car towed from your property, you call the police. There is nothing ambiguous about the wording of the statute.

  8. #18
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting budwad
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    You are misreading the statute. If you are a property owner in Michigan and you want someone's car towed from your property, you call the police. There is nothing ambiguous about the wording of the statute.
    Nope. I'm not.

    Here's a little tidbit from that Secretary of State from Michigan.gov that addresses this very topic:

    Private real property owners may contact a local towing company or law enforcement. Towing services are required by law to contact law enforcement before a vehicle or vessel is removed from private real property. Law enforcement is responsible for determining whether the vehicle or vessel is stolen.

    There are specific requirements for apartment complexes and owners and lessors of private real property. Under section 257.252k or 80130o, 81151, or 82161 2014 PA 549, each apartment complex or private real property owner that has a vehicle or vessel removed must have a warning sign posted stating that unauthorized vehicles or vessels will be removed at the owner's expense. The notice must include the name and telephone number of the towing agency that will remove vehicles or vessels from that property and be in letters at least two inches high on a contrasting background. Notices must be permanently installed with the bottom of the notice at least four feet from the ground and prominently displayed at each point of entry for vehicles or vessels. If the property does not have curbs or access barriers, there must be at least one notice for every 100 feet of road frontage. The notice must be in place at least 24 hours before vehicles or vessels can be removed from the property. Private real properties that are single- or dual-family residences are exempt from the notice requirements and vehicles or vessels removed under MCL 257.252d or 80130h, 81151, or 82161 2014 PA 549.

    Posted notice is not required if the vehicle or vessel owner has been given personal notice that the vehicle or vessel is parked in an unauthorized area and is subject to removal. The law does not specify whether verbal or written personal notice must be given but a notice may be written into a lease or rental agreement. However, it is recommended that private real property owners provide written personal notices and retain a copy for their files.

    A custodian is the person or business or legal entity responsible for the storage of an abandoned vehicle or vessel. Usually, this is the towing agency.
    MCL257.252d is the statute that was referenced and is what you are saying that I'm misreading. If you look at the second bolded portion you'll note that the dad, being the single residence owner, is exempt from that statute. While dad could call the police he can also simply call the tow company.
    "Where do those stairs go?"
    "They go up!"

  9. #19
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
    Posts
    202

    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting MikeD81
    View Post
    But what if it was verbally agreed that the tenant would be given at least 1 days notice and that agreement was breached by the property owner?

    There has to be some sort of timeframe attached to the law you're referencing, to ensure tenants will be available right?

    Point being, had I been notified before I left this morning, I would've been able to move my car before going out of town. But instead he waited til after I left to notify me, knowing I wouldn't be back til late tomorrow.

    Isn't that the landlord's fault? It seems a tenant has a right to park their car at their own residence while out of town, without having to worry about it being towed when they get home.

    Maybe I'm wrong but it just doesn't sound legal unless it's an emergency (which this isn't).
    Permission

    Are you receiving mails under your name at your parents' house?

  10. #20
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Adult Son Rents Room in Parents House; Can Parent Tow Sons Car W/O Permission

    Quote Quoting Mark47n
    View Post
    I am not misreading. If you look at the beginning of the statute it is clearly specific to law enforcement. A property owner doesn't require law enforcement to have a vehicle towed and doesn't necessarily have to have it posted as long as the owner of the vehicle is informed that the vehicle will be towed.

    I noted that signs have to be posted at places of public accommodation. To clarify, those signs serve as that notice so that those parking on the property are notified that they are subject to towing if the violate the terms of the implied contract when using a parking lot. Since the OP lives with his parents, the property owners, being told verbally will suffice. There is no need to involve law enforcement to have the vehicle towed.



    I'd start looking for a new place to live. If you were my kid and you tried this I'd make your life hell for that time that I was require to provide notice. If your mom doesn't agree to that notice she can't stop your dad from making you miserable.

    You better suck up to your mom for all that you're worth.
    Do you honestly think that the dad was being reasonable in this instance? He promised to give the OP 24 hours notice and did not, in a situation where he knew the OP was out of town and wouldn't be returning until late the next day. His own wife believed he was being unreasonable since she did not back him up and in fact actively prevented him from having the car towed.

    However, the OP had better seriously consider leaving a second set of keys somewhere at home so that somebody can move his car if necessary.

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