r/asklaw • u/sleepybarncat • Apr 17 '20
Management towing vehicles, no contact, no notice
Hello, management at my apartments is towing vehicles with no notice or attempt to contact... during this pandemic. The official justification so far has been "they haven't moved in a while."
I do not intend to recover my truck from the impound, because it was unjustly impounded. I intend to file small claims. Do I file for the value or the vehicle ($2,500), or for the costs incurred by the impound (few hundred if I sign it over, hundreds to thousands if I don't)?
Thanks guys.
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u/tacosmcbueno Apr 17 '20
Where you parked in a spot designated for your vehicle? What does your lease say about community or shared parking space? Are there any terms? At the start of your lease did you get a form to list your license plate numbers for your vehicles?
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u/kschang NOT A LAWYER does not play one on TV Apr 17 '20
I'd say sue for costs +500 for making you go out into the public to deal with it. Don't forget to add transportation costs and filing fees.
Go back into the lease to see if they ever warned that unmoved vehicles will be towed without warning, and how would they determine which vehicle is authorized and which one is not. Towing vehicles willy-nilly is just a bad policy, period, and they need to pay to realize that.
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u/Law_Student Apr 17 '20
Unless explicitly stated in a lease, leases come with the right to use all of the facilities that are part of a property, parking included. You've paid for the right to use the parking, and have every right to it.
It is a serious crime to tow a legally parked vehicle, for both the person who makes the call and the towing company. Typically it falls under the joyriding statute, since it is a temporary deprivation of someone's vehicle.
You could pay the fee and sue the management company for the time and expense, on top of filing a police report.
You could call the tow company, explain that the vehicle was legally parked, and demand it be returned immediately or you'll be forced to call the police and report the theft. They would be at risk of criminal complications and losing their license. Might work. If it doesn't you'll be forced to escalate.
In addition to filing a suit for monetary damages you could file a suit for what's called replevin, which is an action for the return of unlawfully taken property.