+ Reply to Thread
Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2005

    Unhappy need help with several problems with apartment complex

    What is the name of your state?
    The Name of my State is Texas

    We were living in an apartment, never gave any problems and were very quiet respectable tenants. I befriended another tenant as he would help me with different issues I had with my pc. I loaned him a DVD burner so he could copy personal files until he got his own, or until I needed it back. Well, little did I know that they were months behind on their rent, and had been locked out of their apartment. I told the apartment management, but they said whatever is in the apartment is now theirs to auction off for the money that was owed. After much arguement I dropped it and realized that no matter how much I argued about it, I probably wont get the burner back. About a week and a half to two weeks later, we get a knock on the door from an investigator from the police department, saying that I was seen coming out of the apartment that my burner was in, and was seen carrying two tv sets by other tenants, which is ridiculous. After talking back and forth to the investigator, he had to drop the case because there was never any proof that there were any tv's at all. A few more days past, and my wife and I show up at our apartment, and it was locked, but when we unlocked it and went in, it was a mess, as if somebody was looking for something. Nothing of value was taken, but our lease, birth certificates, and other documents had been taken. They went through all the drawers and left a huge mess! My wife freaked out and said that we were moving out that night. (Now this is at the end of july, and we allready paid julys rent, just not august) So we rented a uhaul, and the next morning loaded up and put stuff in storage. My wifes mom was helping us, and parked her car into "visitors parking" We came back the next day to get her car, and it had been towed.
    (The tags are up to date and she was legally parked) Now, it wasn't yet August, and our lease was month to month so we still had the right ot use visitors parking. We called the towing company to see how much it would cost to get the car, and they said it was $165.00, but the apartments put a hold on it so we couldn't even get it. We called the city, attorneys and who ever else we can get info from and we found out that no one can put a hold on a car except for police for drug seizes, etc. So by this time, it had already been a few days, and we called the towing company and told them that holding the car was illegal, and the towing company changed thier story and said that there is not a hold on it. The price on the car is now almost $400.00 and we can't really afford that but we could have afforded the original $165.00, but there was a hold at that time. My question is who is responsible for the car to get out, and do we have any kind of legal case against the apartments? (Someone told me that we can sue for "Defamation of Charactor"?) Please help because I feel horrible because it's my wifes moms car, not ours, and she didn't ask for any of these problems.
    Thank you For your help,
    Ken P.

  2. #2
    Join Date
    Jul 2005
    From my understanding "defamation of character" you have to prove some sort of loss from it. Like, another landlord won't rent to you now, or employers won't hire you because of this incident. Doesn't sound like a solid case.

    As far as them towing your car illegally and paying the extra fees, I would fight it. Especially if it was your mother in laws car. She is technically a "visitor". In this situation, I'd keep the towing records (should have VIN and license plate number on the paperwork) and when in court, she can prove that the car towed was hers by referencing these papers and showing her title. Seems like an open and shut case. Whether the tow company changed their story or not, seems like if the apartment had the car towed illegally, they'd be responsible for all the fees.

+ Reply to Thread

Similar Threads

  1. Apartment complex -
    By thatoneguyaz in forum Debt Collections
    Replies: 8
    Last Post: 12-02-2011, 01:56 PM
  2. car towed from apartment complex lot
    By ladieej in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 03-15-2011, 10:24 PM
  3. Theft in apartment complex
    By thunked in forum Landlord / Tenant Issues
    Replies: 4
    Last Post: 04-07-2009, 04:47 PM
  4. Can my apartment complex do this?
    By Marc1 in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 12-09-2002, 05:52 PM
  5. Apartment complex won't fix AC...
    By burke_tj in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 07-13-2001, 06:35 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

© Since 1995 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.