Landlords generally can’t tow your car from your driveway without proper notice and a valid reason. In most areas, landlords must provide written notice, typically 24-72 hours in advance of the towing. The landlord must also have a legitimate reason for towing your car, such as if it’s blocking access to the property, parked illegally, or in violation of the lease agreement. If your landlord tows your car without proper notice or a valid reason, you may be able to take legal action against them. Each state has its own laws regarding landlord-tenant relationships, so it’s important to check the laws in your state to determine your rights and responsibilities.
Landlord’s Responsibility for Parking Areas
Most lease agreements will specify where a tenant can park. This could be a designated spot in a parking lot, a specific area of the driveway, or even on the street in front of the property. If a tenant parks in an unauthorized area, the landlord may have the right to tow the vehicle.
Tenant’s Options
- If a tenant’s car is towed, they should first contact the landlord to find out why it was towed and where it is being stored.
- The tenant may be responsible for paying the towing and storage fees, as well as any fines that were issued.
- A tenant may be able to get their car back by paying the fees and providing proof of ownership.
- In some cases, a tenant may be able to sue the landlord for wrongful towing.
Tips for Avoiding Towing
- Make sure to read your lease agreement carefully and understand the parking rules.
- Park only in authorized areas.
- If you need to park in a different area, get permission from your landlord first.
- Keep your car registered and insured.
Repercussions for Landlords
There can be negative consequences for a landlord who tows a tenant’s car illegally.
- The tenant may sue the landlord for damages, and legal action could result in financial compensation for the tenant if the landlord loses the case.
- The landlord may lose their license to rent property.
- The landlord’s reputation may be damaged, making it difficult to attract new tenants.
- Authorized Parking Areas: Your lease may specify where you are allowed to park your car. If you park your car in an unauthorized area, your landlord may have it towed.
- Visitor Parking: If your complex has visitor parking, your lease may specify how long visitors are allowed to park their cars. If a visitor parks their car in your assigned spot or in a visitor spot for longer than the allowed time, your landlord may have their car towed.
- Abandoned Vehicles: If your car is considered abandoned, your landlord may have it towed. A car is typically considered abandoned if it has not been moved in a certain amount of time, usually 10 days or more.
- Unregistered Vehicles: If you have an unregistered vehicle, your landlord may have it towed. This is because unregistered vehicles are not street legal and are therefore not allowed to be parked on your landlord’s property.
- Inoperable Vehicles: If you have an inoperable vehicle, your landlord may have it towed. This is because inoperable vehicles are considered a hazard and can attract pests.
- Landlords must provide tenants with written notice before towing their cars.
- The notice must state the reason for the towing and the date and time it will occur.
- Landlords must give tenants a reasonable amount of time to move their cars before towing them.
- Landlords must use a licensed towing company.
- Landlords are responsible for paying the towing and storage fees.
- The car is parked in a no-parking zone.
- The car is blocking access to the driveway or garage.
- The car has been abandoned.
- Make sure you are familiar with the local laws and regulations governing towing.
- Keep your car registration and insurance up to date.
- Park your car in a designated parking spot.
- Avoid parking in no-parking zones or blocking access to driveways or garages.
- If you receive a notice from your landlord about towing, contact them immediately to discuss the matter.
- If your car is towed illegally, contact your local law enforcement agency or housing authority.
- Work out a payment plan: If you are behind on your rent, talk to your landlord about setting up a payment plan. This will allow you to catch up on your payments over time and avoid towing.
- Move your car to a different location: If you have another place to park your car, such as a friend’s house or a public parking lot, you can move your car there to avoid towing.
- Get a restraining order: If you believe that your landlord is towing your car illegally, you may be able to get a restraining order to prevent them from doing so. You will need to file a petition with the court and provide evidence that your landlord is violating your rights.
- Contact your local housing authority: If you are a tenant in a rent-controlled unit, you may be able to get help from your local housing authority. The housing authority may be able to intervene on your behalf and prevent your landlord from towing your car.
Additional Factors Influencing Towing Rights Factor Considerations Type of Property Rules for towing vary depending on whether the property is residential or commercial. Local Laws and Regulations Some cities and towns have specific laws governing towing. Terms of the Lease Agreement The lease agreement may include provisions that address towing. Terms in Your Lease
Your lease agreement will specify whether or not your landlord can tow your car from your driveway. It’s important to read your lease carefully before you sign it so that you know what the rules are.
Common Reasons for Towing Reason Details Example Unauthorized Parking Parking in a spot that is not assigned to you or in a visitor spot for longer than the allowed time. Parking in a spot reserved for handicapped individuals without a handicapped parking permit. Abandoned Vehicle A car that has not been moved in a certain amount of time, usually 10 days or more. A car with flat tires that has not been moved in two weeks. Unregistered Vehicle A vehicle that does not have a valid registration. A car with an expired registration sticker. Inoperable Vehicle A vehicle that is not able to be driven. A car with a broken engine that has been parked in the same spot for months. Local Laws and Regulations
Local laws and regulations governing a landlord’s ability to tow a tenant’s car from a driveway vary from one jurisdiction to another. It’s essential to be aware of the specific laws and regulations that apply in your area.
Some common local laws and regulations include:
In some jurisdictions, landlords may only tow a tenant’s car if:
If you believe your landlord has towed your car illegally, you should contact your local law enforcement agency or housing authority. You may also be able to file a lawsuit against your landlord.
Here are some additional tips for tenants who are concerned about their cars being towed:
Summary of Local Laws and Regulations Jurisdiction Notice Requirement Reasonable Time to Move Car Licensed Towing Company Required Landlord Responsible for Fees New York City Yes, 7 days 24 hours Yes Yes Los Angeles Yes, 5 days 48 hours Yes Yes Chicago Yes, 3 days 24 hours Yes Yes Alternatives to Towing
If your landlord is considering towing your car from your driveway, there are a few alternatives that you can explore. These alternatives may be more convenient and cost-effective for both you and your landlord:
Alternative Pros Cons Work out a payment plan Prevents towing May require additional fees Move your car to a different location Convenient if you have another place to park May not be feasible if you don’t have another parking spot Get a restraining order Prevents towing if granted Can be time-consuming and expensive Contact your local housing authority May be able to help if you are a tenant in a rent-controlled unit May not be available in all areas Thank you for taking the time to learn more about your rights and responsibilities as a renter. Hopefully, you have a better understanding of when and how your landlord can tow your car. If you ever have any questions about this or any other rental-related topics, please don’t hesitate to consult with an attorney. Keep checking back for more informative articles, and have a wonderful day!