Is this legal for an Apartment landlord to do this?

[Hawkeye]

Agreed, plus then if your previous housing is checked into by your new landlords you probably won't be able to get a new apartment. Personally I would ask to not be kicked out because of a roommates actions and hope for the best.

It is a 24 hour notification and the landlord / anybody commisioned by them can enter the apartment even if there is nobody there and the door is locked.

[Maestro]

I believe you live in California, and they use to have some pretty strict laws about towing cars. This is 10 yr old information but when I lived out there you could not tow a car without authorization of the owner or police order. Due to the high car thief rate in CA, it was illegal to tow a car without a plate or current registration, the owner written approval or a police order.

The reason I tell you this is if they towed his car they could have gotten in serious trouble if this law is still in place since your friend could have claimed it was stolen and if the police saw it on the tow truck the guy could have gone to jail in spite of what the landlord said.

I use to be on the board of the Townhome community in CA and we had to deal with illegally park cars and there was process we had to go through to get them removed. One time we had an abandon car and it took months to get it towed off the property no legit tow company would touch the car. We had to make attempts to find the owner and file a police report, after all said and done it finally got towed off but we have a police order to do it.

I once had a car I was doing work on and let the registration laps while I had it torn apart and tried to get it towed to a shop to get some work done on it, and a couple of towing companies refused since its registration was not current.

I would check to see if these laws are still in place if they are, then you might have bargaining chip with the landlord, you could threaten him and the towing company with illegally towing the car.

[TurboFan]

Why should anyone threaten the landlord here? The guy forged a parking pass. He was wrong. To the guy that got towed I would say man up. You want to play, be ready to pay.

[Rips335iCoupe]

Originally Posted by TurboFan

That's just brilliant. Idiots like you are the reason I charge such high security deposits and have a 15 page lease. BTW, it's really easy to garnish your wages if you screw up my property and don't want to pay.

Originally Posted by TurboFan

Why should anyone threaten the landlord here? The guy forged a parking pass. He was wrong. To the guy that got towed I would say man up. You want to play, be ready to pay.

+1

[toofasttooslow]

Originally Posted by TurboFan

Not true. By parking on private property, you open yourself to a different set of vehicle and towing regulations. I'm a landlord, and if you park a vehicle on my property and leave it for a specific amount of time, I can do just about anything I want. Most landlords don't, but they do have rights in this case, and while I don't agree with how the landlord did this, he likely followed the applicable laws and this was legal.



I'm sure it was someone at the office, or another resident that knew and complained.

Well it's a damn good thing you're not an attorney or know nothing about CA state law because that would be messed up if it were true. Here, take a look at CVC22658. It clearly defines under what circumstances a vehicle can be towed. I don't see anywhere in there if the owner suspects a bogus permit can break in to examine it and then tow it.

http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm


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:

(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.

(2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.

(3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification.

(4) The lot or parcel upon which the vehicle is parked is improved with a single-family dwelling.

(b) The ( )2 tow truck operator removing the vehicle, if the ( )3 operator knows or is able to ascertain from the property owner, person in lawful possession of the property, or the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner of the vehicle, shall immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed. If the vehicle is stored in a ( )4 storage facility, a copy of the notice shall be given to the proprietor of the ( )5 storage facility. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal and the time of the removal from the property. If the ( )3 tow truck operator does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, the ( )6 tow truck operator shall comply with the requirements of subdivision (c) of Section 22853 relating to notice in the same manner as applicable to an officer removing a vehicle from private property.

(c) This section does not limit or affect any right or remedy ( )7 that the owner or person in lawful possession of private property may have by virtue of other provisions of law authorizing the removal of a vehicle parked upon private property.

(d) The owner of a vehicle removed from private property pursuant to subdivision (a) may recover for any damage to the vehicle resulting from any intentional or negligent act of ( )8 a person causing the removal of, or removing, the vehicle.

(e) ( )9 (1) An owner or person in lawful possession of ( )8 private property, or ( )10 an association of a common interest development, causing the removal of a vehicle parked on that property is liable for double the storage or towing charges whenever there has been a failure to comply with paragraph (1), (2), or (3) of subdivision (a) or to state the grounds for the removal of the vehicle if requested by the legal or registered owner of the vehicle as required by subdivision (f).

(2) A property owner or owner’s agent or lessee who causes the removal of a vehicle parked on that property pursuant to the exemption set forth in subparagraph (A) of paragraph (1) of subdivision (l) and fails to comply with that subdivision is guilty of an infraction, punishable by a fine of one thousand dollars ($1,000).

(f) ( )9 An owner or person in lawful possession of ( )8 private property, or ( )10 an association of a common interest development, causing the removal of a vehicle parked on that property shall notify by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency within one hour after authorizing the tow. An owner or person in lawful possession of private property, an association of a common interest development, causing the removal of a vehicle parked on that property, or the tow truck operator who removes the vehicle, shall state the grounds for the removal of the vehicle if requested by the legal or registered owner of that vehicle. ( )9 A towing company that removes a vehicle from private property in compliance with ( )11 subdivision (l) is not responsible in ( )8 a situation relating to the validity of the removal. ( )9 A towing company that removes the vehicle under this section shall be responsible for ( )12 the following:

(1) Damage to the vehicle in the transit and subsequent storage of the vehicle.

(2) The removal of a vehicle other than the vehicle specified by the owner or other person in lawful possession of the private property.

(g) (1) (A) Possession of ( )8 a vehicle under this section shall be deemed to arise when a vehicle is removed from private property and is in transit.

(B) Upon the request of the owner of the vehicle or that owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit.

(C) A person failing to comply with subparagraph (B) is guilty of a misdemeanor.

(2) If a vehicle is released to a person in compliance with subparagraph (B) of paragraph (1), the vehicle owner or authorized agent shall immediately move that vehicle to a lawful location.

(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property ( )13 pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.

(i) (1) (A) A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge exceeds the greater of the following:

(i) That which would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which is located the private property from which the vehicle was, or was attempted to be, removed, or if the private property is not located within a city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located.

(ii) ( )14 That which would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the California Highway Patrol for the jurisdiction in which the private property is located and from which the vehicle was, or was attempted to be, removed.

(B) A towing operator shall make available for inspection and copying his or her rate approved by the California Highway Patrol, if any, with in 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney.

(2) If a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day’s storage charge may be required for ( )8 a vehicle released the same day that it is stored.

(3) If a request to release a vehicle is made and the appropriate fees are tendered and documentation establishing that the person requesting release is entitled to possession of the vehicle, or is the owner's insurance representative, is presented within the initial 24 hours of storage, and the storage facility fails to comply with the request to release the vehicle or is not open for business during normal business hours, then only one day's storage charge may be required to be paid until after the first business day. A business day is any day in which the lienholder is open for business to the public for at least eight hours. If a request is made more than 24 hours after the vehicle is placed in storage, charges may be imposed on a full calendar day basis for each day, or part thereof, that the vehicle is in storage.

(j) ( )9 (1) A person who charges a vehicle owner a towing, service, or storage charge at an excessive rate, as described in subdivision (h) or (i), is civilly liable to the vehicle owner for four times the amount charged.

(2) A person who knowingly charges a vehicle owner a towing, service, or storage charge at an excessive rate, as described in subdivision (h) or (i), or who fails to make available his or her rate as required in subparagraph (B) of paragraph (1) of subdivision (i), is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.

(k) (1) ( )15 A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid ( )16 credit card or cash for payment of towing and storage by a registered owner or the owner’s agent claiming the vehicle. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except for the purposes of this section, credit card does not include a credit card issued by a retail seller.

(2) A person described in paragraph (1) shall conspicuously display, in that portion of the storage facility office where business is conducted with the public, a notice advising that all valid credit cards and cash are acceptable means of payment.

(3) A person operating or in charge of a storage facility who refuses to accept a valid ( )16 credit card or who fails to post the required notice under paragraph (2) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.

(4) A person described in paragraph (1) who violates paragraph (1) or (2) is civilly liable to the registered owner of the vehicle or the person who tendered the fees for four times the amount of the towing and storage charges. ( )17

(5) A person operating or in charge of the storage facility shall have sufficient moneys on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.

(6) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies as described in subdivision (i).

(l) (1) (A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner’s agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner’s agent or employee, and the tenant has verified the violation, requested the tow from that tenant’s assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner’s agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain within 48 hours of receiving the written authorization to tow a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property.

(B) The written authorization under subparagraph (A) shall include all of the following:

(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.

(ii) The name, signature, job title, residential or business address and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.

(iii) The grounds for the removal of the vehicle.

(iv) The time when the vehicle was first observed parked at the private property.

(v) The time that authorization to tow the vehicle was given.

(C) (i) When the vehicle owner or his or her agent claims the vehicle, the towing company prior to payment of a towing or storage charge shall provide a photocopy of the written authorization to the vehicle owner or the agent.

(ii) If the vehicle was towed from a residential property, the towing company shall redact the information specified in clause (ii) of subparagraph (B) in the photocopy of the written authorization provided to the vehicle owner or the agent pursuant to clause (i).

(iii) The towing company shall also provide to the vehicle owner or the agent a separate notice that provides the telephone number of the appropriate local law enforcement or prosecuting agency by stating “If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number].” The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction.

(D) A towing company shall not remove or commence the removal of a vehicle from private property described in subdivision (a) of Section 22953 unless the towing company has made a good faith inquiry to determine that the owner or the property owner’s agent complied with Section 22953.

(E) (i) General authorization to remove or commence removal of a vehicle at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with ( )8 an entrance to, or exit from, the private property.

(ii) In those cases in which general authorization is granted to a towing company or its affiliate to undertake the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing company and the property owner, or owner’s shall notify by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency within one hour after authorizing the tow. An owner or person in lawful possession of private property, an association of a common interest development, causing the removal of a vehicle parked on that property, or the tow truck operator who removes the vehicle, shal agent, or person in lawful possession of the private property shall have a written agreement granting that general authorization.

(2) If a towing company removes a vehicle ( )18 under a general authorization described in subparagraph (E) of paragraph (1) and that vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner ( )7 that interferes with ( )8 an entrance to, or exit from, the private property, the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle ( )7 that clearly indicates that parking violation. ( )19 Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle.( )20

(3) A towing company shall maintain the original written authorization, or the general authorization described in subparagraph (E) of paragraph (1) and the photograph of the violation, required pursuant to this section, and any written requests from a tenant to the property owner or owner’s agent required by subparagraph (A) of paragraph (1), for a period of three years and shall make them available for inspection and copying within 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney.

(4) A person who violates this subdivision is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.

(5) A person who violates this subdivision is civilly liable to the owner of the vehicle or his or her agent for four times the amount of the towing and storage charges.

(m) (1) A towing company that removes a vehicle from private property under this section shall notify the local law enforcement agency of that tow after the vehicle is removed from the private property and is in transit.

(2) A towing company is guilty of a misdemeanor if the towing company fails to provide the notification required under paragraph (1) within 60 minutes after the vehicle is removed from the private property and is in transit or 15 minutes after arriving at the storage facility, whichever time is less.

(3) A towing company that does not provide the notification under paragraph (1) within 30 minutes after the vehicle is removed from the private property and is in transit is civilly liable to the registered owner of the vehicle, or the person who tenders the fees, for three times the amount of the towing and storage charges.

(4) If notification is impracticable, the times for notification, as required pursuant to paragraphs (2) and (3), shall be tolled for the time period that notification is impracticable. This paragraph is an affirmative defense.

(n) A vehicle removed from private property pursuant to this section shall be stored in a facility that meets all of the following requirements:

(1) (A) Is located within a 10-mile radius of the property from where the vehicle was removed.

(B) The 10-mile radius requirement of subparagraph (A) does not apply if a towing company has prior general written approval from the law enforcement agency that exercises primary jurisdiction in the city in which is located the private property from which the vehicle was removed, or if the private property is not located within a city, then the law enforcement agency that exercises primary jurisdiction in the county in which is located the private property.

(2) (A) Remains open during normal business hours and releases vehicles after normal business hours.

(B) A gate fee may be charged for releasing a vehicle after normal business hours, weekends, and state holidays. However, the maximum hourly charge for releasing a vehicle after normal business hours shall be one-half of the hourly tow rate charged for initially towing the vehicle, or less.

(C) Notwithstanding any other provision of law and for purposes of this paragraph, “normal business hours” are Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays.

(3) Has a public pay telephone in the office area that is open and accessible to the public.( )21

(o) (1) It is the intent of the Legislature in the adoption of subdivision (k) to assist vehicle owners or their agents by, among other things, allowing payment by credit cards for towing and storage services, thereby expediting the recovery of towed vehicles and concurrently promoting the safety and welfare of the public.

(2) It is the intent of the Legislature in the adoption of subdivision (l) to further the safety of the general public by ensuring that a private property owner or lessee has provided his or her authorization for the removal of a vehicle from his or her property, thereby promoting the safety of those persons involved in ordering the removal of the vehicle as well as those persons removing, towing, and storing the vehicle.

(3) It is the intent of the Legislature in the adoption of subdivision (g) to promote the safety of the general public by requiring towing companies to unconditionally release a vehicle that is not lawfully in their possession, thereby avoiding the likelihood of dangerous and violent confrontation and physical injury to vehicle owners and towing operators, the stranding of vehicle owners and their passengers at a dangerous time and location, and impeding expedited vehicle recovery, without wasting law enforcement’s limited resources.

(p) The remedies, sanctions, restrictions, and procedures provided in this section are not exclusive and are in addition to other remedies, sanctions, restrictions, or procedures that may be provided in other provisions of law, including, but not limited to, those that are provided in Sections 12110 and 34660.

Amended Sec. 23, Ch. 1007, Stats. 1999. Effective January 1, 2000.
Amended Sec. 1, Ch. 212, Stats. 2003. Effective January 1, 2004
Amended Sec. 3, Ch. 609, Stats. 2006. Effective January 1, 2007.
The 2006 amendment added the italicized material, and at the point(s) indicated, deleted the following:

“Except as provided in Section 22658.2, the owner or person in lawful possession of any private property, within one hour of notifying, by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency, may cause the removal of a vehicle parked on the property to the nearest public garage ”
“person causing removal of”
“person”
“public garage”
“garage”
”“association” pursuant to Section 22658.2”
“which”
“any”
“Any”
“a person”
“the authorization of the property owner or the property owner’s agent shall not be held”
“(1) any damage to the vehicle in the transit and subsequent storage of the vehicle and (2) the removal of a vehicle other than the vehicle specified by the owner or other person in lawful possession of the private property.”
“or that owner’s agent”
“(1) A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge is greater than that which would have been charged for towing or storage, or both, made at the request of a law enforcement agency under an agreement between the law enforcement agency and a towing company in the city or county in which is located the private property”
“Persons”
“bank”
“but not to exceed five hundred dollars ($500). In addition, persons”
“without written”
“The”
“Any towing company, or any affiliate of a towing company, which removes, or commences removal of, a vehicle from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted by paragraph (1), is liable to the owner of the vehicle for four times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of paragraph (1).”
“(m)” .







Bottom line is that yeah, he tried to jerk the system and got caught, but that does NOT excuse the behavior of the lanlord.

[O-cha]

It has nothing to do with examining the permit, if the permit had been real it would have been illegal, the permit was not so it was entirely legal. They didn't break in to examine the permit, they broke in because they saw a fake permit.

[TurboFan]

Originally Posted by gum5h03

...Bottom line is that yeah, he tried to jerk the system and got caught, but that does NOT excuse the behavior of the lanlord.

Hey dumbass - notice I said it all varies by state, and it's not how I'd do it? Learn to read before you decide to be rude.

[Takumi587]

What happened this morning: Well my roommate talked to the landlord and she was kind enough to understand that we were just trying to find parking since there is only one space available per apartment. So we are good on not being evicted but my roommate just paid the towing fee. So I guess it all worked out fine.

[UncleWede]

Why didn't you have that conversation a long time ago, before faking the permit?

Who's gonna pay for the broken window?

[TurboFan]

Window was never broken.

[Takumi587]

No windows were broken.

[aapriadi]

Originally Posted by darkcloud

Yeah maybe, but is breaking a car window allowed under these so called "regulations"? That's a little extreme, especially when they could have just came and knocked on the apartment door.

This happened to a friend of mine at OSU before. He used an expired pass and laid the side down not showing the expiration date. It was only expired by a month also. Anyways the tow truck company broke the window then towed the car. The tow company claimed the car was already broken into, even though nothing was stolen. Kinda gay.

garrett, please tell me these towing fvckers arent those sons of b1tches at shamrock towing....i swear i wanna vandalize every single one of their tow trucks, they're never there when you needed them....but when it comes to illegal parking during football games, you'll see them on every corner of the street....bastards

[Maestro]

Originally Posted by gum5h03

Well it's a damn good thing you're not an attorney or know nothing about CA state law because that would be messed up if it were true. Here, take a look at CVC22658. It clearly defines under what circumstances a vehicle can be towed. I don't see anywhere in there if the owner suspects a bogus permit can break in to examine it and then tow it.

http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm

Bottom line is that yeah, he tried to jerk the system and got caught, but that does NOT excuse the behavior of the lanlord.

Good find, this is what I was talking about, most states do not have that extensive of a law for towing a car. In most places if you caught on private property, the owner of the property can pretty much do what they want. However, CA is not that simple.

I agree, the op friend tried fooling the system and had to pay, but most landlord would have just sent a nasty gram to them and told them to remove it. I personally thing this being in CA the Landlord committed a more serous offense and probably knew it.

[just4kickz]

Originally Posted by TurboFan

That's just brilliant. Idiots like you are the reason I charge such high security deposits and have a 15 page lease. BTW, it's really easy to garnish your wages if you screw up my property and don't want to pay.

idiots like me. idiots like you keep posting in this thread with a hot head.

if in the end your going to be evicted you can either fight back for fun or just leave. cause in the end, even if you do fight back & win you sure as hell wont live there just for kicks. and btw you need a beer or three or four cool your hot head yadida.

[djmatty]

Yeah, you're definitely at fault for doing this, and it's completely dumb, but you can still take action against the towing company.....what they did was fully illegal. It's just the backlash of any action you take...

[BK]

Originally Posted by gum5h03

Well it's a damn good thing you're not an attorney or know nothing about CA state law because that would be messed up if it were true. Here, take a look at CVC22658. It clearly defines under what circumstances a vehicle can be towed. I don't see anywhere in there if the owner suspects a bogus permit can break in to examine it and then tow it.

Assuming he had a sign described in (a)(1), he could tow a car with a fake parking permit under that statute. There are a lot of notice and administrative requirements (you've gotta love having to notify the owner "in English and in the most populous language, other than English, that is spoken in the jurisdiction"!) but there's no requirement for advance notice to the owner of the car, other than the sign, and nothing prohibiting a landlord from towing a car parked in his lot without a valid parking permit.

The scenario here sounds like the landlord saw the fake parking permit, called to have the car towed, the car door was opened to tow the car safely, the permit was removed to show the tenant later, and the car was towed. All of this is acceptable under the statute you posted, provided the landlord had a posted sign on the lot warning cars may be towed, and afterwards he told the tenant his car was towed, why it was towed, and how to retrieve it.

In any case, I guess the issue is moot, based on the fact that the landlord and tenant seem to have made up.

[18LLC]

lol, that's pretty simple case, your friend's private property was illegally in your landlord's property. (because the permit is fake). it's just like a guy you don't know is inside of your house, you do have the right to "damage" him.

[TurboFan]

Originally Posted by aapriadi

garrett, please tell me these towing fvckers arent those sons of b1tches at shamrock towing....i swear i wanna vandalize every single one of their tow trucks, they're never there when you needed them....but when it comes to illegal parking during football games, you'll see them on every corner of the street....bastards

lol - them and Camcar. Both of those fvxkers were theiving bastards.

[TurboFan]

Originally Posted by just4kickz

idiots like me. idiots like you keep posting in this thread with a hot head.

if in the end your going to be evicted you can either fight back for fun or just leave. cause in the end, even if you do fight back & win you sure as hell wont live there just for kicks. and btw you need a beer or three or four cool your hot head yadida.

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

[TurboFan]

Originally Posted by BK

Assuming he had a sign described in (a)(1), he could tow a car with a fake parking permit under that statute. There are a lot of notice and administrative requirements (you've gotta love having to notify the owner "in English and in the most populous language, other than English, that is spoken in the jurisdiction"!) but there's no requirement for advance notice to the owner of the car, other than the sign, and nothing prohibiting a landlord from towing a car parked in his lot without a valid parking permit.

The scenario here sounds like the landlord saw the fake parking permit, called to have the car towed, the car door was opened to tow the car safely, the permit was removed to show the tenant later, and the car was towed. All of this is acceptable under the statute you posted, provided the landlord had a posted sign on the lot warning cars may be towed, and afterwards he told the tenant his car was towed, why it was towed, and how to retrieve it.

In any case, I guess the issue is moot, based on the fact that the landlord and tenant seem to have made up.

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.


"(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation."

pretty much says they can tow anyone they say isn't supposed to be there. I assume they have the signs?

[Maestro]

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.


"(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation."

pretty much says they can tow anyone they say isn't supposed to be there. I assume they have the signs?

You miss section (2)

(2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.

What this means is you have to make sure the owner of the car has been notified that the car is illegal park, once you know they have been notified then the clock start ticking, oh, if the person removes the car and then brings it back again at a future date the process starts all over.

Man you are all worse then politicians, pulling snippets of the overall law and say here look see i am right and you are wrong. The law is all inclusive, you have to meet each and every element, unless it clearly state otherwise.

I am telling you I lived in Calif and had to deal with this insane law on a couple of occasions and it is not that simple and i can tell the Landlord violated the law and so did the towing company, but we only hearing one side here, I am assuming the landlord most likely did notice to these guys and they probably ignored it and he is not telling us that part, because it will not make for a good story.

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

[TurboFan]

Originally Posted by Maestro

You miss section (2)



What this means is you have to make sure the owner of the car has been notified that the car is illegal park, once you know they have been notified then the clock start ticking, oh, if the person removes the car and then brings it back again at a future date the process starts all over.

Man you are all worse then politicians, pulling snippets of the overall law and say here look see i am right and you are wrong. The law is all inclusive, you have to meet each and every element, unless it clearly state otherwise.

I am telling you I lived in Calif and had to deal with this insane law on a couple of occasions and it is not that simple and i can tell the Landlord violated the law and so did the towing company, but we only hearing one side here, I am assuming the landlord most likely did notice to these guys and they probably ignored it and he is not telling us that part, because it will not make for a good story.

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

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:"