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  1. #1
    Join Date
    Sep 2008
    Posts
    1

    Unhappy Tricky Wording in Lease Agreement for Parking

    My question involves a traffic citation from the state of: Indiana

    ---

    The main question is: Does the phrase "improperly licensed" legally include expired plates? It's kind of vague, I was wondering if there were any cases where it was proven to exclude license plates?

    Here's my situation:

    09-19-08: I catch a man who works for my apartment complex posting a "WARNING YOU ARE ILLEGALLY PARKED" orange sticker on my Truck's window. He informs me that my plates are expired. I ask him what my deadline is to get them changed and he says I'm not in risk of being towed, they just wanted to inform me. He said he wasn't checking the "will be towed in 72 hours" box so long as I take care of it when I can. I still have the sticker, and the box is definitely unchecked.

    09-24-08 The DAY BEFORE my day off they tow my truck. They didn't call me or anything -- no new stickers, nothing. I go outside to get in my truck to go to work and it just isn't there.

    Here's my question:

    Because my Truck is parked on private property, is it really "illegally parked?" I know my complex can have a clause in the lease stating cars with expired plates can be towed, but my lease doesn't state that. Here it is word for word:

    "Improperly licensed, disabled vehicles, vehicles hazardous to the safety of others or illegally parked vehicles will be towed away at the owner's risk and expense."

    Which category do "expired plates" fall under? Is it considered to be improperly licensed? It isn't "illegally" parked because the apt is private property, right?

    ----

    I know I'm in the wrong and I should have paid more attention, but I really can't afford to pay to get my car out of the impound and make rent. For the last two months, they've had a problem keeping my records straight for whatever reason and have had me print off my bank statements to prove I've paid rent. I never complained, but this seems a little excessive. They told me they wouldn't tow me, and they did. I just want to know why.

    Thanks in advance!

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Tricky Wording in Lease Agreement for Parking

    Quote Quoting jakepaul86
    View Post
    Here it is word for word:

    "Improperly licensed, disabled vehicles, vehicles hazardous to the safety of others or illegally parked vehicles will be towed away at the owner's risk and expense."
    Expired plates/tag can be considered an abandoned vehicle and is therefore 'illegally parked' and improperly licensed. He might not have checked the '72 hour tow' thus giving you 3 days to take care of it. However, it was 5 days before the vehicle was towed - and it still hadn't been properly licensed.

    Sorry JP, they were well within their rights.

  3. #3
    Join Date
    Mar 2009
    Posts
    1

    Default Re: Tricky Wording in Lease Agreement for Parking

    I have a similar situation that I hope somebody can help me with:

    I recently purchased a new vehicle, and was awaiting my new title and registration from the DMV. My car had temporary tags, which had expired before I could get everything transferred. One night my apartment complex towed my car without notice.

    After reading over my lease agreement, I am not sure if my landlord had any right to tow it. The section on parking reads as follows:



    The parking lot is reserved for use only by properly tagged, functioning and authorized motor vehicles, which belong to Tenants. If Tenant shall use any parking area on Landlord's property for the storage or parking of his automobile or any other vehicle, Tenant agrees to remove such vehicle from said parking space promptly at the request of the Landlord and/or upon the expiration or termination of his tenancy. If Tenant shall fail to do so .. Landlord at its option may have said vehicle towed away and stored at Tenant's expense.


    While I do not deny that my vehicle was improperly tagged. It says that I must remove it upon notice, or it will be towed. Twice in the past year I have seen the landlord post notice in advance that such vehicles would be towed.

    Any help with this matter would be greatly appreciated.

    Thanks,
    Apis.

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Tricky Wording in Lease Agreement for Parking

    Just for future reference, please start your own thread when asking a question.

    If you didn't transfer your previous vehicles plates to the new vehicle, or notify management of your new purchase so they could record it, they would have no record that this new vehicle belonged to you, a tenant.

    That being the case, it wasn't registered to a tenant, it was parked illegally, and towed. No notice required.

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