Legal Question in Landlord & Tenant Law in California

Hello, My car was towed from the apartment parking lot and when I called the tow company, they mentioned that the apartment management authorized that the car be towed. I asked the apartment manager who mentioned that my car was parked in the space next to the one allotted to me. I asked the manager as to why I was not informed about it if that was indeed the case ( which is hard for me to believe) , I was told that the car was tagged for 12 hours (starting sometime at night) and then towed. Given that my car does have the apartment sticker and the license plate number is in the apartment database, the manager could have easily approached me before authorizing the tow company. Besides, there is no proof of (i) whether the car was really parked one space off (ii) the car was tagged for 12 hours. The charge I am being subjected to here is $325 which is huge and I wish to know what my rights are here. Regards.


Asked on 7/11/10, 5:40 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Unfortunately, you have less than a well trained manager, but he was legally right. He does not have to prove your vehicle was tagged for 12 hours while in the wrong space. As you would be the plaintiff in any suit, the burden falls on you; the court would assume that the manager had not made a mistake since it is his job to do these things correctly [he would not have noticed it unless the resident whose space you were in complained, as I assume the tags on the car do not show which is the assigned space].

Read more
Answered on 7/11/10, 9:51 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California