Legal Question in Landlord & Tenant Law in California

Deposit charged for vehical not on property

I recently moved (eviction, they gave me notice before I could give them notice). When I moved (from the end of a court), I left a motorcycle I had been storing on the Public street in front of the property that I was leaving. The property management asked me about moving it and I said I was going to have it towed. The motorcycle was inoperable. Before it ever was towed, less than 2 weeks later, the property management had it towed and is charging my deposit for the tow. If the motorcycle was on a public street (in front of the property), and not physically on the property, does the property management have the right to charge me for them having it towed.


Asked on 6/03/04, 12:55 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Deposit charged for vehical not on property

One problem right off the top is that any vehicle left on a public stret for over 72 hours can be towed.

As far as the management company, this is not something that would be covered under your rental agrement as grounds for charging your security deposit. It is posible that they have a "cover-all" type provision in the rental agreement, but it is unlikely that it would cover a vehicle in the street. A complete review of your rental agreement is necessary to determine this issue.

Depending on the amount of the charge, it may be worthwhile to file a small claims suit for the amount. An attorney can not physically assist you in small claims court, but you can receive legal advise on your rights and court procedures and tactics.

Please feel free to contact our office if you are in further need of legal advice at (626) 578-0708 or online at www.No-Probate.com

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Answered on 6/03/04, 2:48 pm


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