When he returned from vacation, my son’s car is gone. He goes to the leasing office where they say, “Oh yeah, we had your car towed.” Seems like these slimebuckets “emailed” the tenants (and I put email in quotes since my son never got an email) stating that they had to move their cars out of the parking lot at a certain time so they could clear the snow. Even if my son had gotten the email, how is he supposed to move his car from 5 states away?
He goes to the impound lot to get his car out of hock for $250 and finds out that almost a dozen cars from his complex were towed. You know there’s a kickback somewhere. I’m having my son read his lease because I suspect they can’t do what they did but so what? Is it worth his time, money and energy to take them to small claims court? And what does he sue then for? THEY didn’t charge him for the tow and sue the impound lot? They were just following orders. I think the best he can do is report them to the relevant state agency for an investigation but it is still fucked that they can do this to people.
Find the other 11 people who got towed and find a lawyer. Also, contact the local newspaper and see if they will do a write-up on it. Bad publicity and a possible legal challenge may change their mind.
Because both parties are sue-proof. The leasing company didn’t take his money and the towing company was acting for the leasing company.
And my son will not sue even if he could. He is very non-confrontational. Once he left his phone in a store and he refused to go back and get it. His older brother had to get it for him. He’s also lazy AF and wouldn’t go to the effort of filling out a complaint.
Yep. Cut the loss and move on, Son. Just be glad the tow company didn’t steal everything of value (or not) in the car. That seems to be SOP with most of them.
I’m guessing this is your answer right here. Unless you are also on the lease, everything is up to your son. I’d suggest he ensure that the leasing office has his correct email address and if possible, give yours as an alternate email address to try to avoid having this happen again.
Had he gotten the email, he could have contacted the leasing office and told them he was out of state. He also could have called you to ask your advice and help. I’m quite sure that between the two of you, you could have gotten things figured out.
Money (yours probably), a locksmith you or he called and a friend of his to move the car would have happened I am sure. You are a smart person, you would have thought of something.
That assumes he has friends there that he would ask to move the car for him. Not likely.
Of course this all assumes the apartment complex could legally do what they actually did. I know with adequate notice they could probably have you move so they can do maintenance like resurfacing but I doubt they can, over a holiday weekend, give less than 24 hour notice so they can remove snow. And even then, can they have your car towed?
Tough love is hard but important. He won’t learn to act for himself if he has parents who will bail him out.
Good for you. I wish my Mother had learned that years ago. Mom supported one sister most of her life just because she couldn’t manage to push sister and her yearly fatherless babies out to the street. Mom isn’t going to last much longer and she is super worried about what is going to happen to sister because sister hasn’t worked enough to get social security and will be working minimum wage jobs until she dies.
Many many years ago, my car was towed from the parking lot of my brother’s apartment building while I was visiting him. The circumstances were similar, but not identical (they were doing maintenance work and needed me to move to a different visitor spot temporarily, but the people who came to the door to deliver the request gave me the wrong instructions about where to move, which led to the tow). The bottom line is, I had to pay $400, not to building management but to the towing service they had on contract, to have my vehicle released.
I went to small claims and showed that I had relied on the instructions given by management’s own representatives and had no reason to suspect they were giving me bad information, and therefore the incorrect and towable location of the car was their responsibility, not mine. The judge agreed and ordered building management to reimburse me for the release fee. They mailed me a $400 check a week later.
So, based on my experience, it seems that if it can be demonstrated to the satisfaction of the court that the management company was in error to order the tow, they can be held liable for the resulting charge.
Also, in many states, if the opposing party doesn’t show up for the small claims hearing it results in an automatic judgment for the plaintiff. If all dozen of the towed residents file in small claims court the management might just decide it’s cheaper to knock the amount of the tow bill off everyone’s next month’s rent rather than to have to send someone with a high hourly rate down to small claims for hours and hours. Worth a shot anyway, I’d say.
I used to be a condo president. Now and again we towed mis-parked cars on my say-so or that of my fellow BoD members. No kickbacks were involved. Instead it was a matter of considerable soul-searching about the harm of towing an innocent resident’s car.
It is certainly possible that the apartment complex & tow company are crooked. It’s also quite possible they are not. We don’t have snow in FL, but we do have various sparking lot repair efforts where we need everyone out of e.g. spaces 1-25 on Tuesday and spaces 26-50 on Wednesday. Comply or be towed at your expense. Period. Assuming timely notice posted in the usual public places we towed cars with a clear conscience to avoid paying the pavement repair company for showing up and doing nothing. Your obliviousness cannot be allowed to waste you neighbor’s dues money.
IMO …
This will quickly turn into he-said-she-said and certainly won’t be worth the effort or time of an attorney. The management company may choose in their sole discretion to cut the tenant kid a break if asked nicely for such. Or not. The tenant’s reasonable response is to pay the tow fee, take the lesson learned to heart, and, if appropriate, refuse to renew their lease & move at the end of the lease term, while leaving a scathing review about the apartment management company online.
Bottom line: fighting City Hall even metaphorically is a mugs game. Try once and admit defeat if you come up empty-handed. But if so, kick them in the 'nads as best you can on the way out the door.