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  1. #1
    Join Date
    Feb 2009
    Posts
    6

    Default Towed at My Own Apartment

    My question involves towing laws for the State of: Indiana

    I lived in an apartment complex that gives no written rules pertaining to parking, neither in lease or signage. Well I was provided with a sticker for my vehicle when I said lease. In the course of lease my car trans went out, so I have been driving my sister's car. I went to the leasing office to get a guest pass for the vehicle. Well last night I get home I park in my usual space. Get up in morning for work and get kids ready for school only to come outside to find the car missing at 7am. I called the cops to report it stolen, they were sending a car out. At 9am I walked to my leasing office after talking to a friend and being informed it could have been towed. The plates and tags were valid so couldn't see why this would be the case. Well at the leasing office, asked the agents if they towed, their response "I don't know it's possible. Want me to call?" So she calls and lo behold the towing company towed my car because the guest tags were 4 days expired. $140.00 to get it out and hasn't even been 24 hours. So since I have been fuming of course because I have missed work and my kids have missed school. I have gone through my lease over and over again, nowhere does it state that I am required to have permit, let alone, if it is not current that the car will be towed. So I guess my question is can I fight this anyway? The car is totally legal. The killer is my car with the bad trans was parked next to it and it's tags were expired, but they didn't touch that. Needless to say I have had that moved to the repair shop since this morning. Any help, suggestion? Is this legal?

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

    Default Re: Towed at My Own Apartment

    The only state statutes I see regarding towing relate to abandoned vehicles, IC 9-22; there's no clear definition of "abandoned". I don't see any other statute authorizing tows, or describing signage required - and in that loose an arrangement your landlord may be able to do this without signs or a specific lease provision. Beyond that, you also need to check your local ordinances.

    In the absence of a governing statute or ordinance, I think your landlord has in its favor the fact that you knew and understood the rules and even got a guest pass for the car, but let the pass expire. How would a small claims court rule, if you try to recover the $140? I won't even try to guess, particularly without knowing if there's a local ordinance governing these issues.

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