Is this legal for an Apartment landlord to do this?

[toofasttooslow]

Originally Posted by TurboFan

uhhhh.....nope. Keep reading. Shall we be politicians here and define "any"?

"22658. (a) ( )1 The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:"

Why do you insist on being dense? Quit focussing on the towing of the car. That is not in question. The issue is that they went into private property and removed private property from the vehichle which is theft and is illegal period the end. I'd sue you into the ground if you were my lanlord and broke into my vehicle and removed some of my belongings. And you know what? I'd win too.

And I'm sorry for hurting your mangina earlier, I didn't realize that you were so sensitve to critical comments.

[Takumi587]

Originally Posted by Maestro

You miss section (2)

Also, the tow company or the landlord can not enter the car no matter what.

Alright I will post again what exactly happened. We were studying late at night around 2am and my roommate goes out to get something from his car. Then he came running back saying his car got stolen. We told him to calm down b/c it might have been towed. So we called one of the main apartment lines thats online 24-7. He asked if his car was towed and they said yes. So he calls the towing company and asks if he can get the car and what time it was removed. The car was removed an hour before when he called. So he asked if he can just get it but the charge was $200+ for the late night pick up. My roommates waited till the next day and went to the office. They showed him the fake permit. He asked them how they got it, and the person at the office said "i have no clue." So my roommate talked to the landlord and she yelled at him saying he had a fake permit and that she had the right to tow his car b/c it was her private property. But my friend told her he has no clue how it was changed, and that it was prolly another apartment person who swapped it b/c his top was down the whole day. This was the weird thing(me and everyone else thought that was the stupidest line and BS) but she said "alright i believe you" and that was the end of it. However, she never gave us notice or anything about where the car was or that it had an illegal permit. Nothing nada. I guess she did make a mistake? We ended up paying for the towing. I dunno reading this thread is making me think if it was still right or wrong for her to tow it without our consent....

[just4kickz]

Originally Posted by TurboFan

I have a hot head for telling you or someone else they're a dumbass?

actually yeah you do. & its lame esp online. people like you feel worthy from sitting behind a computer

& to the op. you shoulda just found an apartment that could accomdate you in the first place. why the hell would you pick a place with only one parking spot when you needed 2.

[Maestro]

Originally Posted by Takumi587

Alright I will post again what exactly happened. We were studying late at night around 2am and my roommate goes out to get something from his car. Then he came running back saying his car got stolen. We told him to calm down b/c it might have been towed. So we called one of the main apartment lines thats online 24-7. He asked if his car was towed and they said yes. So he calls the towing company and asks if he can get the car and what time it was removed. The car was removed an hour before when he called. So he asked if he can just get it but the charge was $200+ for the late night pick up. My roommates waited till the next day and went to the office. They showed him the fake permit. He asked them how they got it, and the person at the office said "i have no clue." So my roommate talked to the landlord and she yelled at him saying he had a fake permit and that she had the right to tow his car b/c it was her private property. But my friend told her he has no clue how it was changed, and that it was prolly another apartment person who swapped it b/c his top was down the whole day. This was the weird thing(me and everyone else thought that was the stupidest line and BS) but she said "alright i believe you" and that was the end of it. However, she never gave us notice or anything about where the car was or that it had an illegal permit. Nothing nada. I guess she did make a mistake? We ended up paying for the towing. I dunno reading this thread is making me think if it was still right or wrong for her to tow it without our consent....

The part I find interesting is they appear to have towed the car after midnight, sound little like mid-night auto to me.

Look, you obviously got a lot of people here who are landlords upset since they feel tenants take too much advantage, and in this case your roommate played a game and got caught but two wrongs do not make a right either. I am not sure how they got the tow company to tow the car that quick but it definitely was not on the up and up and I would have you roommate point this out to them and make sure he tells them if they touch the car again the police will be called and make sure you show them the CA towing law.

[Takumi587]

Originally Posted by just4kickz

actually yeah you do. & its lame esp online. people like you feel worthy from sitting behind a computer

& to the op. you shoulda just found an apartment that could accomdate you in the first place. why the hell would you pick a place with only one parking spot when you needed 2.

Was the closest and most affordable place to live near campus.

Originally Posted by Maestro

The part I find interesting is they appear to have towed the car after midnight, sound little like mid-night auto to me.

Look, you obviously got a lot of people here who are landlords upset since they feel tenants take too much advantage, and in this case your roommate played a game and got caught but two wrongs do not make a right either. I am not sure how they got the tow company to tow the car that quick but it definitely was not on the up and up and I would have you roommate point this out to them and make sure he tells them if they touch the car again the police will be called and make sure you show them the CA towing law.

I appreciate all the help you guys gave me.

[TurboFan]

Originally Posted by gum5h03

Why do you insist on being dense? Quit focussing on the towing of the car. That is not in question. The issue is that they went into private property and removed private property from the vehichle which is theft and is illegal period the end. I'd sue you into the ground if you were my lanlord and broke into my vehicle and removed some of my belongings. And you know what? I'd win too.

And I'm sorry for hurting your mangina earlier, I didn't realize that you were so sensitve to critical comments.

hey, you brought up the bullet points on the law - I was just correcting you.

It's not theft is the point. You need to learn a little more about the law, and how it is not the same in all situations. When they parked their private property on someone elses private property, the game changes.

Go ahead, sue your landlord. As the facts laid out here by the OP show, they were in the wrong. The landlord was entitled to do as they did, although I've said numerous times, it's not how I would handle it.

[TurboFan]

Originally Posted by just4kickz

actually yeah you do. & its lame esp online. people like you feel worthy from sitting behind a computer

& to the op. you shoulda just found an apartment that could accomdate you in the first place. why the hell would you pick a place with only one parking spot when you needed 2.

ok, I'll use nicer language, but it will require many more words.

You are misinformed and severely undereducated in the areas of tenant-landlord law, and subsequent disputes. Your knowledge seems to stem from urban lore, and shows no foundation in fact.

It's just so much easier to refer to you as a dumbass. It seems to fit you.

My keyboard does not make me feel more worthy. If you'd care to discuss this over coffee or a beer, I'd still call you a dumbass.

[Couch]

Originally Posted by TurboFan

ok, I'll use nicer language, but it will require many more words.

You are misinformed and severely undereducated in the areas of tenant-landlord law, and subsequent disputes. Your knowledge seems to stem from urban lore, and shows no foundation in fact.

It's just so much easier to refer to you as a dumbass. It seems to fit you.

My keyboard does not make me feel more worthy. If you'd care to discuss this over coffee or a beer, I'd still call you a dumbass.

Man, you're cracking me up.

As you've pointed out several times in this thread, very few laws are cut and dry.

[BK]

Originally Posted by TurboFan

you read all that? More power to you. That paragraph you sited is the same as every other state I know. Looks like CA isn't that different after all.

I read and interpret statutes and regulations for a living. They get easier the more you read, though the one posted here was formatted a little oddly.

Suffice it to say, you're correct -- there's no 96-hour waiting period. That's for parking citations, presumably regular street parking. A landlord can tow a car that is improperly parked in his lot, provided he has posted the warning sign and he and the tow truck company follow the notice and release rules elsewhere in the statute.

[Maestro]

Originally Posted by BK

I read and interpret statutes and regulations for a living. They get easier the more you read, though the one posted here was formatted a little oddly.

Suffice it to say, you're correct -- there's no 96-hour waiting period. That's for parking citations, presumably regular street parking. A landlord can tow a car that is improperly parked in his lot, provided he has posted the warning sign and he and the tow truck company follow the notice and release rules elsewhere in the statute.

I would agree with you the more you read them they tend to become clearer, I too use to read regulations as part of my jobs, and I can tell you this much it is not until you have to fight or enforce a regulation you really under the meaning behind them or how many ways they can be interrupted.

In this case in clause 2 where it stated the 96 hours, it uses the word notice and I can see how someone can think this means a parking citation of some sort, however in reality, and I am speaking from direct experience in this case notice means that the owner has been notified that the car is illegally park and will be removed at their cost. Plus, in Calif if you are illegally park outside of private property and the police issue a citation they can tow you immediately without notice. This reg is strictly for private property since the police have no jurisdiction on private property.

I had personal experience where we tried to remove 2 vehicles from private property in Calif with all the proper signage. In one case the owner was tracked down and notify with a certified letter and had a police report then got it towed. In this case (which I disagreed with since you should not mess with people's cars) the association also put one of those very hard to remove stickers smack in the middle of the driver side window saying the car was illegally parked and will be towed.

In the other instance, it was at a place of business and the car was abandon, it was a 56 Cadillac convertible worth fixing up but it was missing the license plates so we could not find out who owned it. The police agreed to open the door so we could look inside, and luckily the car had the owners registration attached to the steering wheel column like Calif use to require, and we got the owners name. Turned out the guy was no where to be found in Calif, so we had to file the proper paper work with Calif and got the car official declared abandoned and got it towed. Some tow company got a great fixer upper out of the deal too.

If you read the regulation it sound like if you meet anyone one element you can tow the car but in reality you have to meet them all, and the police will tell you this not to say it does not happen the other way.

[toofasttooslow]

Originally Posted by Maestro

I would agree with you the more you read them they tend to become clearer, I too use to read regulations as part of my jobs, and I can tell you this much it is not until you have to fight or enforce a regulation you really under the meaning behind them or how many ways they can be interrupted.

In this case in clause 2 where it stated the 96 hours, it uses the word notice and I can see how someone can think this means a parking citation of some sort, however in reality, and I am speaking from direct experience in this case notice means that the owner has been notified that the car is illegally park and will be removed at their cost. Plus, in Calif if you are illegally park outside of private property and the police issue a citation they can tow you immediately without notice. This reg is strictly for private property since the police have no jurisdiction on private property.

I had personal experience where we tried to remove 2 vehicles from private property in Calif with all the proper signage. In one case the owner was tracked down and notify with a certified letter and had a police report then got it towed. In this case (which I disagreed with since you should not mess with people's cars) the association also put one of those very hard to remove stickers smack in the middle of the driver side window saying the car was illegally parked and will be towed.

In the other instance, it was at a place of business and the car was abandon, it was a 56 Cadillac convertible worth fixing up but it was missing the license plates so we could not find out who owned it. The police agreed to open the door so we could look inside, and luckily the car had the owners registration attached to the steering wheel column like Calif use to require, and we got the owners name. Turned out the guy was no where to be found in Calif, so we had to file the proper paper work with Calif and got the car official declared abandoned and got it towed Some tow company got great fixer upper out of the deal too.

If you read the regulation it sound like if you meet anyone one element you can tow the car but in reality you have to meet them all, and the police will tell you this not to say it does not happen the other way.

And to boot they broke into (doesn't matter if they broke a window or used a slimjim) the guys car and removed a pice of his property and God knows what else they did while inside there. Plus the fact that the guy was there only a few hours. I'd say that's bullshit if I've ever seen it. California has tough predatory towing laws. I'd check into them. It doesn't cost anything to file a police report -and maybe that's the thing to do is walk down to your local precinct and tell them the whole story. If they say file a report then do it, otherwise let it go and move the hell out becaues your landlord is scandalous. Thing is, is that if they did that to the OP's friend imagine what other things they are doing to other people.

[Maestro]

Originally Posted by gum5h03

And to boot they broke into (doesn't matter if they broke a window or used a slimjim) the guys car and removed a pice of his property and God knows what else they did while inside there.

The op clarified, the friends cars top was down so it was easy to just reach in and grab the fake permit. Not sure if there is any laws about violating the air space around a car. If the top is down I am not sure you have much to stand on there.

[toofasttooslow]

Originally Posted by Maestro

The op clarified, the friends cars top was down so it was easy to just reach in and grab the fake permit. Not sure if there is any laws about violating the air space around a car. If the top is down I am not sure you have much to stand on there.

Well if I left my radar detector on my dash and my top was down and someone stole it isn't it theft? It's not the value of an item the constitutes a crime it's the action of the crime iteself. Now it this case it would only be a petty theft crime and any cop would laugh at you for reporting it, but it still shows their wilingness to break the law to carry out what they deem to be appropriate actions.

And where did he say his top was down other than that was the excuse he gave to the lanlord? And if that was true the guy is a complete and utter jackass for leaving his car top down unattended at 2 in the morning.

[TurboFan]

Originally Posted by gum5h03

Well if I left my radar detector on my dash and my top was down and someone stole it isn't it theft? It's not the value of an item the constitutes a crime it's the action of the crime iteself. Now it this case it would only be a petty theft crime and any cop would laugh at you for reporting it, but it still shows their wilingness to break the law to carry out what they deem to be appropriate actions.

And where did he say his top was down other than that was the excuse he gave to the lanlord? And if that was true the guy is a complete and utter jackass for leaving his car top down unattended at 2 in the morning.

It's not theft! IT'S NOT THEFT! Get it through your thick damn head! It's friggin' FRAUD! It was a piece of paper that was supposed to look like a document issued by the landlord! What's the value, $.001????? It was in plain view, and apparently easily inspected. When you commit fraud, you waive all kinds of rights. Read up on Crim Law, I think you may need it.

[toofasttooslow]

Originally Posted by TurboFan

It's not theft! IT'S NOT THEFT! Get it through your thick damn head! It's friggin' FRAUD! It was a piece of paper that was supposed to look like a document issued by the landlord! What's the value, $.001????? It was in plain view, and apparently easily inspected. When you commit fraud, you waive all kinds of rights. Read up on Crim Law, I think you may need it.

Ok Mr. Almighty omnipotent landord with supreme law skillz

Whatever you say MUST be true because afterall, you are a lanlord!

I think I saw you in a a movie starting Tom Berenger."The Lanlord" ... the crime fighting puffy red mangina of the West.

[TurboFan]

That's it?? That's all you have now? You've given up playing boy lawyer, and all you can do now is sling half-witted insults? I was enjoying debating you. Oh well, all good fun must come to an end at some point.

BTW, you are most infatuated with manginas. Do you posses one, is this where your extensive knowledge of manginas originates?

[toofasttooslow]

Originally Posted by TurboFan

That's it?? That's all you have now? You've given up playing boy lawyer, and all you can do now is sling half-witted insults? I was enjoying debating you. Oh well, all good fun must come to an end at some point.

BTW, you are most infatuated with manginas. Do you posses one, is this where your extensive knowledge of manginas originates?

Nah, this is just something neither you or I obviously agree on. Truth be told both points are valid and probalby carry over to each other. Unfortunately there's no way either one of us will know the true outcome unless the OP's buddy pursues it legally (and we both know that aint gonna happen) so it's a moot point anyway.

As far as a mangina, no I don't currently possess one, but that does not automatically preclude me from recognizing others that do.

[TurboFan]

yeah, I referenced it at one point, briefly. By signing the lease, I'm sure he doesn't have a leg to stand on. We'd have to see it, but unless the landlord is a TOTAL dumbass, I'm sure he or she is covered.

[Maestro]

Originally Posted by tomwid

None of you guys considered the lease agreement? Would the law still apply if he basically waived his rights on the lease?

Nan, in Calif lease agreements are not worth much especially if you try to over ride an existing Calif laws. Simple example, all agreements have termination and evictions clauses, pretty standard stuff, you do not pay or some other reason that allows the landlord to give you notice and you need to pack your bags and your out the door. In some places this is a pretty easy process, well in Calif not so easy. Then add the fact the person living in the property is a single mom or better yet pregnant you are SOL better just right it off until they decide to move. Calif give special status to single moms when it comes to housing. Even in a divorce, if you are a guy and own the house outright before a marriage or union, and you separate and she has a kid yours or not, she gets the house to stay in unless you can make so other arrangement.

Calif laws over ride any contract or agreement written or implied. So if someone tries to forfeit your rights in a contract it will not hold up.

[777ER]

I'm an property manager who also lives in one of the floors of a 2 family house...parking here can be a PITA after 8:30pm.

So I let one floor tenant to park on the left side of the driveway (they only have one car) and the other floor tenant only park any 2 of their 3 cars (2 chefs and a waiter living there, night shift workers) on the right side of the driveway.

I made it very clear to all of the tenants that only their cars can be parked in the driveway and it's given to them as a privilege and can be taken away at any time.

I am not required to give them the driveway but gave it to them as a coursety.
As long they pay their rent and not give me any problems over the driveway use and must move the cars whenever I call them and tell them I need to use the driveway or move cars from storage in the garage.

One time I was walking to my car out in front at 4:30am to go to work, I saw a black 2001 jeep cherokee totally blocking the whole entry of the driveway with 3 cars already parked in it, I left a note saying please do not do that again, next time it will be towed.
I know it wasn't there for longer than a while because it's chilly out and the hood was still warm from the engine heat.
The floor with the chef and waiters living in, their room light was on so I'm pretty sure it's one of their member or friend.

Another time the floor that only has one car, they had a friend or family member staying over night and they parked in the driveway behind them, I was home and saw them.
I had to make a call and remind them of the driveway use and there's plenty of parking spaces on the private drive the house is on...

And I keep track of the cars not authorized to park in the driveway and those that block it...their license plate #'s are kept on file...

More than on time...tow company is getting the call...