• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can my apartment complex tow my vehicle without posted signs?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

camtan1

New member
I was parked in a space with diagonal white lines. However, there are no signs indicating it is a tow away zone and the towing signs at the entrance of the apartment complex only indicate where visitors should park. They state nothing about designated parking areas. The space is not impeding traffic, is not near a fire hydrant, is not over a fire line, and is not adjacent to a handicap space. I believe the lines are there to allow employees to get into a storage structure next to the space, however it is unused and has been empty for the last 9 months. I was only parked there for 4 hours and was not given any notice from the apartment complex. (the reason I parked there is because the nearest spot to my apartment at night is a mile away, due to inadequate parking spaces for residents). Is this enough to file a hearing with the justice of the peace?

ADD: The lease agreement I signed with my apartment does not mention designated or restricted parking areas. I also doubt the apartment complex called about me parking there as it was 2 am on labor day
 


not2cleverRed

Obvious Observer
I was parked in a space with diagonal white lines. However, there are no signs indicating it is a tow away zone and the towing signs at the entrance of the apartment complex only indicate where visitors should park. They state nothing about designated parking areas. The space is not impeding traffic, is not near a fire hydrant, is not over a fire line, and is not adjacent to a handicap space. I believe the lines are there to allow employees to get into a storage structure next to the space, however it is unused and has been empty for the last 9 months. I was only parked there for 4 hours and was not given any notice from the apartment complex. (the reason I parked there is because the nearest spot to my apartment at night is a mile away, due to inadequate parking spaces for residents). Is this enough to file a hearing with the justice of the peace?

ADD: The lease agreement I signed with my apartment does not mention designated or restricted parking areas. I also doubt the apartment complex called about me parking there as it was 2 am on labor day
It doesn't matter what your opinion is: those diagonal white lines mean it's not a parking space.
 

FarmerJ

Senior Member
when you called your city what did they tell you when you asked if the city has ordinances regulating towing from apartment parking lots ?
 

quincy

Senior Member
Slanted white lines in a parking lot indicate the space is a loading/unloading zone. The white lines are commonly found next to a handicap-accessible parking space but can be found anywhere extra space is needed for loading/unloading.

The towing of your car could have been done by a private tow company hired by apartment management to keep the parking lot free of clear violators. Signs do not have to be posted for driver’s to know what areas are restricted spaces. Identifying road markings and signs is part of the driving test you take when you get your driver’s license.
 

Zigner

Senior Member, Non-Attorney
The OP would be smart to follow adjusterjack's advice and read up on the law. If the LL didn't follow the law, then the OP may have these remedies available:

(f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle.  The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs.
(g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage.
(Excerpted from https://codes.findlaw.com/tx/property-code/prop-sect-92-0131.html)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top