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Landlord towed my car

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Not the post about the landlord towing my car

California

My apts get a new manager on an almost anual basis. According to my rental agreement I am allowed on parking space. The entire time I have lived here arrangements have been made whereby some units can use a second space since some units have no cars.

We recently turned over managers, and the managers had a car of mine towed. The car was in poor condition and barely ran, also had expired tags.

The managers upon arriving passed around house rules acommpanied by a request for info on the cars you owned and the spaces they occupied. I filled one out stating all 3 cars and locations.

The previous manager had made a verbal agreement that I may use those spaces, even though I am entitled to only one. It was my impression that at any time he could revoke the extra spaces but nothing was brought up about that at the time, but he did directly say I could use the spaces.

So my problem is that the current managers claim they tried to extend a courtesy and find out whos car it was. In order to do so they say they asked many of the residents and knocked on doors. At the moment about half the apts are empty leaving only a dozen or so apts to ask.

I have lived here 4 years and people know my cars, I asked 3 apts and they said no one askeda bout my car recently.

I asked the managers why the didn't attempt to call me about it, and their response was they were too busy to look through the paper work, however they also informed me that they only got 5 or so of those questionaires back.

There are 3 cars on the property that needed attention in this manner and they didn't hvae time to look through 5 pieces of paper and make 5 phone calls to try and find out whos cares where whoes?

Then after an unpleasant discussion with the property owner it is made clear to me that they are too busy to do that kind of thing (which I know to be untrue empiracly) and that any agreement I had with a previous manager it is my responsibility to bring up with the new managers upon their arrival.

Then the new managers come buy to tell me they don't actually have my paperworkd (after referring to it multiple times as having received it) and ask me to fill out a new one.

My car was towed at noon on thurs, I never saw notice applied to it that it would be towed. I thought some notice had to be applied to the car, I contacted the land owner from work at 3:00 and when I got home noticed 2 other cars had notices timed 3:30... so it appears that when I called the land owner she decided to cover her butt, apply these notices and have the managers "loose" my paperwork so they could say they coudl not contact me.

Now is this all right? I thought a manager represented the apt owner and thus agreements made with him stood until they approached me otherwise?

Also since I am techinically in violation of my written agreement do I have a leg to stand on in court if I sue for impound fees?

Can I bring up negligence if they failed to conatct me and lost my information? (they also say the previous managers took all documentation with them when they left which I think sounds fishy).

If I do choose to persue this legally how will it effect me in terms of renting in the future? Should I just eat the $150 impound fee and deal with it (or hopefully move) or should I try to fight this?

I am the only Chinese tenant in the apts, and I hate to play the race card but I do feel it's possible that the new managers singled me out for this reason as I stated before other cars were still there with notices when mine was not.

The apts i live tend to haev pretty poor clientelle and I think the managers and owner may be used to pushing over people who can't or won't go to court over issues.

Thanks for any help!
 
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south

Senior Member
See Bold Below

Devedander said:
The car was in poor condition and barely ran, also had expired tags.

Sounds like a non operable vehicle parked in a non assigned space.

It was my impression that at any time he could revoke the extra spaces.

Then thats what they did.

There are 3 cars on the property that needed attention in this manner.

So they did not single out your junker then...

Then after an unpleasant discussion with the property owner it is made clear to me that they are too busy to do that kind of thing.

And he would be correct he is not a parking attendant nor a valet, he is there to enforce the lease and the rules of the building, not run around trying to find out who illegaly parked non operable vehicles belong to.

My car was towed at noon on thurs, I never saw notice applied to it that it would be towed. I thought some notice had to be applied to the car.

No its your job to park where the car states your lease can park, a non operable car is parked where it should not be it can be towed, otherwise everyone would simply park where evr they want and expect the manager to run around like a valet asking/warning you to move it first before they can tow.


I contacted the land owner from work at 3:00 and when I got home noticed 2 other cars had notices timed 3:30... so it appears that when I called the land owner she decided to cover her butt, apply these notices and have the managers "loose" my paperwork so they could say they coudl not contact me.

Hmmm your a mind reader as well?

Also since I am techinically in violation of my written agreement do I have a leg to stand on in court if I sue for impound fees?

What do you think? You state yourself your guilty.

Can I bring up negligence if they failed to contact me and lost my information? (they also say the previous managers took all documentation with them when they left which I think sounds fishy).

Try telling a judge that you are claiming negligence because it sounded fishy... Negligence for what? for towing a non operable car out of a space it was not supposed to be in.

If I do choose to persue this legally how will it effect me in terms of renting in the future? Should I just eat the $150 impound fee and deal with it (or hopefully move) or should I try to fight this?

$150 or $150 plus court costs, day in court you answer that question the choice is yours.

I am the only Chinese tenant in the apts, and I hate to play the race card but I do feel it's possible that the new managers singled me out for this reason as I stated before other cars were still there with notices when mine was not.

Now your getting desperate and embarrasing yourself in California everyone is something here, your rent money is as green as every body elses.

The apts i live tend to haev pretty poor clientelle and I think the managers and owner may be used to pushing over people who can't or won't go to court over issues.

Yawn

Thanks for any help!
 
south said:
See Bold Below
Sounds like a non operable vehicle parked in a non assigned space.

I question non operable because I checked with the DMV and they say no tags simply means non operable on public streets, however on private roads it is the determination of the private party. In my rental agreement it states nonoperable as having major physical malfunction or missing critical parts. It's a junker to be sure but I am surrounded by junkers and it does run. I question whether they can determine non operable from looking at a car that simply looks in bad shape.

Then thats what they did.

To clarify it was that I would be notified when they needed to revoke the space.

So they did not single out your junker then...

Notice on these cars was not posted until after I voiced a problem with mine, it is entirely possible they did single mine out and used these as cover.

And he would be correct he is not a parking attendant nor a valet, he is there to enforce the lease and the rules of the building, not run around trying to find out who illegaly parked non operable vehicles belong to.

Perhaps I am spoiled then, our 3 previous managers all did exactly that. And it begs the question whey they put out the questionaire in the first place then...

What do you think? You state yourself your guilty.

I am guilty by the terms of the agreement, however verbal agreements made after the written one with a representative of the complex allowed me to bypass those rules. As I understand it the manager, in absences of any of the owners speaks on behalf of the property owners.


Try telling a judge that you are claiming negligence because it sounded fishy... Negligence for what? for towing a non operable car out of a space it was not supposed to be in.

Negligence in I thought they were required to notify you 3 days in advance if they were going to tow your car in a non emergency situation. They had the information provided them for just this situation and they neglected to use it. They may have honestly not known it was my car or that it was not abadnoned, but that is no fault of mine, I provided plenty of information on exactly that subject to them. And again with the consent of a manager it was not in a space it should not be in.

$150 or $150 plus court costs, day in court you answer that question the choice is yours.

That's the reason I asked, becuase I believe you can claim court costs and lost time in a small claims suite.

Now your getting desperate and embarrasing yourself in California everyone is something here, your rent money is as green as every body elses.

I understand that is a pretty lame statement to make, especially in Cali, but it is partially based on the 2 other encounters I have had with the new managers. My money is green but they don't actually see any of it.[b/]


Yawn

I am guesing that's because everyone thinks that? To be honest I hvae only heard tenent side complaints about the way they were treated so obviously they will be skewed, but all things considered it does seem like more peopel are unhappy at the apts (or gone) than anything else.

Appreciate your pointing out how futile this would seem to be though. I guess I was thinking you could take someone to court for not doing the decent thing but it sounds like a trip to Best Buy, you walk in, they tell you anything they can to get you to buy something, and when it's not true they just say "Well according to the fine print..."

But I get your point, I was not wronged solidly enough to be worth making a big deal out of it. I still don't like our new managers and my run in with the property owner has left a sour taste in my mouth so I guess my next move is a 30 day notice.
 
Last edited:

south

Senior Member
Non-operable means cannot be used on the roads.

You are assigned one space only

It makes no difference if mngmt warned anyone about towing by sticking flyers on cars, sent runners to all the tenants, send warning by carrier pigeons or even used a marching band, they are not obligated to anyone other than what your lease states which I am sure does not mention anything about warnings etc other than you are assigned one space.

Do not waste any more of your time you will lose in court, vent out by going for a run.
 
south said:
Non-operable means cannot be used on the roads.

You are assigned one space only

It makes no difference if mngmt warned anyone about towing by sticking flyers on cars, sent runners to all the tenants, send warning by carrier pigeons or even used a marching band, they are not obligated to anyone other than what your lease states which I am sure does not mention anything about warnings etc other than you are assigned one space.

Do not waste any more of your time you will lose in court, vent out by going for a run.
Vented during a bike ride and will now move :D

I could have swarn there was a law about a 3 day warning before towing a renters car in non emergencies, wrong space or not... if there is such a law then it is questionable that they say they lost the evidence that it was my car. But from the responses so far it sounds like I was missinformed.

And I guess the whole previous manager said it was ok or the other tennants treated differently than I in similar situations doesn't carry any weight.

The issue was unpleasant to be sure but the manner in which the response came was unacceptable so I guess they will now have one more empty apartment.
 
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ENASNI

Senior Member
oh you!

south said:
Which they will clean up advertise and re-rent probably for more money :D
I was gonna say, let the tow people keep the car. With gas prices the way they are and you said it barely ran and all. Plus don't you have two others?

Just my take on it... Nothing to do with real Estate.

south are you in cali too? ( nice name by the way... *snicker snicker*)
 

south

Senior Member
I am in Smogsville California the capital, please do not make fun of my name its not funny, I all ready have to carry this burden on my shoulders as it is.

ENASNI said:
south are you in cali too? ( nice name by the way... *snicker snicker*)
 
ENASNI said:
I was gonna say, let the tow people keep the car. With gas prices the way they are and you said it barely ran and all. Plus don't you have two others?

Just my take on it... Nothing to do with real Estate.

south are you in cali too? ( nice name by the way... *snicker snicker*)
I did just leave it with them, but they said I still had to pay the impound fee of $180. So anyhow the car is out of the way at least, would rather have donated it or given it away but that's how life goes.

Oh and as for cleaning up the apt and renting it out... I highly doubt it... like I said they have about 1/3 empty apts right now or more, and there have been more than 5 empty apts at any given time for the past year, and they are even offering first month free... so I get the feeling that should I move out and come back in 3 months my apt will still be empty...

Over the past 6 months I have noticed adds for the empty apts in my complex run repeatedly in the local classifieds and I have seen 1 taken, and 3 move out...
 
Last edited:

south

Senior Member
Probably because they want to keep the rent price high and only want certain type of people in there.

I am sure all those dumped cars were off putting to new renters viewing.

Devedander said:
Over the past 6 months I have noticed adds for the empty apts in my complex run repeatedly in the local classifieds and I have seen 1 taken, and 3 move out...
 
south said:
Probably because they want to keep the rent price high and only want certain type of people in there.

I am sure all those dumped cars were off putting to new renters viewing.
It's sure not working... it's honestly scary to walk outside the apts due to about 75% of the tenants being openly vulgar.

We have teenage moms with kids running around, smoking cigarettes while swearing at people on their cordless phones in the common area all through the day. Numerous individuals who are quite blatently trafficking drugs out of their apts, tennants who probably can't afford a first and deposit anywhere else because they are supporting these sellers so much; and rather unpleasant gangster looking types who smoke weed right outside their front doors and are always on the phone talking about stabbing people or kicking the shi*t out of people...

The more decent tennants (ones who look like they have real jobs and aren't the kind who would worry you in a dark alley at night) have all pretty much moved away...

It's possible the junkers were putting off possible renters, but if there is probably about 1 hour in a 24 hour day that you could step foot on the property and not be more put off by the tenants behavior than a stack of crushed Chevelles in the driveway.

Only reason I haven't gone yet is because it's been getting bad slowly enough that it's a slippery slope.

When I first moved in there were a few potheads and one speed freak, but they were pretty nice people despite. Now I am literally surprised everyday I go home and my place hasn't been broken into...

Keeping the prices high to get the better renters in this situation is like trying to run a Tiffanies in Samalia... and if the were really worried about improving the clientel they would dropt he free first month.

I would bet almost anything that barring a huge boom in the rentals all around within a year the add will be including "sec 8 ok".
 
Last edited:
ENASNI said:
Aren't you glad you are moving then... :p
Don't forget to give proper notice. Follow the rules...
http://www.dca.ca.gov/legal/landlordbook/
You know despite still being bitter at being treated so nastily and lied to by the manager and the owner, in hindsite a kick in the butt to get out of that place is almost a favor... a $180 favor but still...

Thanks for the link... any sugestions on how to avoid being screwed on the security? One of the great things about firing managers (who always take all the papers) is that the problems that I documented with my apt at move in (things like small holes in the wall, closet doors with broken runners) that didn't really bother me are prolly gonna bite me in the butt, as they obviously don't have and won't be producing that list anytime soon to back me up... so I fear I will be out hundreds in "damage" that was there when I got there...
 

ENASNI

Senior Member
Well

Devedander said:
You know despite still being bitter at being treated so nastily and lied to by the manager and the owner, in hindsite a kick in the butt to get out of that place is almost a favor... a $180 favor but still...

Thanks for the link... any sugestions on how to avoid being screwed on the security? One of the great things about firing managers (who always take all the papers) is that the problems that I documented with my apt at move in (things like small holes in the wall, closet doors with broken runners) that didn't really bother me are prolly gonna bite me in the butt, as they obviously don't have and won't be producing that list anytime soon to back me up... so I fear I will be out hundreds in "damage" that was there when I got there...
Get duplicates on your next move-in... Sounds like they will be sneaky... there are good LLs and Bad LLs, just like there are good Tenants and bad tenants.
Get out that camara your grandma sent you for your birthday and document document document.
 

south

Senior Member
What city is this in?

And if I was you I would move like yesterday.


Devedander said:
It's sure not working... it's honestly scary to walk outside the apts due to about 75% of the tenants being openly vulgar.

We have teenage moms with kids running around, smoking cigarettes while swearing at people on their cordless phones in the common area all through the day. Numerous individuals who are quite blatently trafficking drugs out of their apts, tennants who probably can't afford a first and deposit anywhere else because they are supporting these sellers so much; and rather unpleasant gangster looking types who smoke weed right outside their front doors and are always on the phone talking about stabbing people or kicking the shi*t out of people...

The more decent tennants (ones who look like they have real jobs and aren't the kind who would worry you in a dark alley at night) have all pretty much moved away...

It's possible the junkers were putting off possible renters, but if there is probably about 1 hour in a 24 hour day that you could step foot on the property and not be more put off by the tenants behavior than a stack of crushed Chevelles in the driveway.

Only reason I haven't gone yet is because it's been getting bad slowly enough that it's a slippery slope.

When I first moved in there were a few potheads and one speed freak, but they were pretty nice people despite. Now I am literally surprised everyday I go home and my place hasn't been broken into...

Keeping the prices high to get the better renters in this situation is like trying to run a Tiffanies in Samalia... and if the were really worried about improving the clientel they would dropt he free first month.

I would bet almost anything that barring a huge boom in the rentals all around within a year the add will be including "sec 8 ok".
 

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