Peckster

Am I missing something here? The guy who towed you was doing his job on behalf of tenants like you.

There are probably people in the building who figure they can loan their tag to a someone else, and count on not being towed because people know their car.

You should get off that guys back, especially for a lousy $40. I think he already gave you a break.

Rich Sandor

I still don't get why you got towed from a visitor's spot. What the point of having a visitor's spots if any car that parks there will just get towed anyways??

Take the $45 away from your rent cheque and INSIST that the landlord can recover it himself from the towing company or change the policy.

If the landlord will probably just let it slide since it would be more work for him to go after it than what it's worth to him.

Then again, you're taking a visitor's spot and you're a tenant. Hmm I don't know it sounds kinda stupid.

That's what I like about being the manager of my apartment complex. I can do whatever the **** I want. Hell I stripped my car to a shell in the parking garage of an apartment building. And no one can complain cuz my family manages the place! HAHAHA! suckerz

oh wait. what was my point? I don't know. I'm going back in my hole now. byebye.

Porsche-O-Phile

Oh, I see. . . so if I give you a bill for no valid or substantiated reason for say, $100 and then tell you "it's okay, just give me $50 and we'll call it even", I'm somehow doing you a FAVOR?!?! Please.

SoCal Driver

Rich has a very valid point. If your parking tag did fall down and you were parked in a visitors space why was it towed? What are the restrictions for a visitor space?

What I'm thinking is that IF the parking was 24 hours and your car was visiting (no tag), it should not have been towed IF your visiting car was there less than 24 hours.

aribop

How in the hell did they tow your car and not mess up the front with the splitter?
When my car broke down and I had to get it towed and did not have a tow hook, I caught hell trying to get someone to tow it!

streckfu's

good questoin, aribop. I don't know.

MichelleJD

Again, I must start with the usual disclaimers that I'm not licensed in your state and don't know all of their laws, you should consult a lawyer etc....

From what I remember of contract law (lease law too), you are only responsible for what you agree to. If your agreement was that you got to park in a certain spot if you had a parking permit and the contract was silent as to its display, you are not responsible to display it. The management may not renegotiate your lease by sending a flyer around with new rules. If they want to change the rules, they must negotiate with you. Doesn't sound like they did that. Courts would construe the contract to intend only what it said; what was contained in the "four corners" of the contract. Neither side can enter evidence that they meant somthing else, that'd be up to the court to determine. From what you've shown us, the contract is silent as to display. Sounds to me like you have a good argument.

streckfu's

What was quoted in the first post IS the portion of the lease dealing wiht parking that I signed. It does not say anything about specific placement.

This months flyer does state that it must be 'clearly visible' so that the tow driver may see it. My problem with this is; if we are supposed to put them on the mirror and everyone habitually parks nose in, how is 'clearly visible' if the driver has to get out to see the through the front window?

Also, the rules regarding parking are:

Each apartment is assigned one reserved space identified by the apartment number and two blue tags to ID your vehicles as residents (in addition to having a file containing the desroption and license plate #). All unreserved spaces are considered visitor parking and are first come first serve. If you have non resident guests, they are to display (location not specified) a RED tag.

Michelle,
I was hoping to hear from you.
As I understand contract law: If I sign a lease in January acknowledging the property rules and regulations, they cannot post on my door as a newsletter, a revision of those rules and regualations without me reviewing and acknowledging the revision.

No such opportunity was offered to me.

Side note: there is an elderly female tenant that tripped over construction materials left on the sidewalk leading to hear apartment and asked only for partial mediacl expenses as compensation (as it was explained to me). The property manager refused and she filed suit for medical expenses only without included damages or lost pay. 2 weeks after filing suit, the property served an eviction notice without specifying any lease violations.
---this is second hand and should not be construed as absolute gospel.

Rich Sandor

I don't know what the laws are in Florida, but up here you can't evict someone unless they don't pay rent, or the owner or his family needs the living space.

It's possible she didn't pay rent and thats why she was evicted. But I'd look into tenancy laws.

or I'd move.

NZ951

Transcend the law... random act of violence causing damage equal to or exceeding $45 to the complex will bring a sense of balance to you. Ever see Michael Douglas in Falling Down?

streckfu's

Great movie. I'd get more satisfaction out of judgement nad report to the BBB.

MichelleJD

Streckfu:

You're not in FL are you? I'm licensed there and would be able to help you out. Your avatar says Virginia Bch.

Rich Sandor

Michelle: I'm not 100% sure but I thought there was a Virginia Beach in Florida.

He's in Virginia, I think, not Florida.

thesmokingman

FYI, no you're not, at least in CA. I've called the cops a few times to get the regs. The owner of a house can have you towed if you're parked infront of their property on the street at their perogative. Its the home owners "property line" you're on.

Why did I call? I've had aholes litter the side of my house with their leaking junkers.


As for the towing fees, give your states Fair Housing Board a call. Its most often easier to get the state regulators involved as they're the ones who regulate the industry. Who are they more afraid of; a call from so and so's lawyer, or Fair Housing? When Fair Housing investigates on your behalf, they'll listen!

streckfu's

[QUOTE]Originally posted by MichelleJD
Streckfu:

You're not in FL are you? I'm licensed there and would be able to help you out. Your avatar says Virginia Bch. [/QUOTTE]

Sorry but still in Va Beach. I'm resident of FL if that counts....
Where in FL are you? A friend of mine is at Miami Law.

While at work today I'm going to review the state ad local laws to see what I come up with before visiting the property manager. I may as well know what I'm talking about.

Thank you for the offer of assistace. Do you mind if I PM you with any particular questions?


Thanks
Daniel