Legal Question in Landlord & Tenant Law in California

Good morning,

I live in an apartment complex that has very limited parking. I have two vehicles, one parked in my assigned spot, and one parked in the way back of the complex in overflow parking. The other day, i got a letter in the mail stating that my secondary vehicle had been towed, and at this point i owe $1140 to the tow company to get it back. According to the tow company, they towed me because of registration being expired(expired in sept 10, was towed 6 october 10), and a flat tire. Since it is a secondary means of transportation, i do not check on it on a regular basis, thus the reason i didnt notice it was gone until i got this letter in the mail. The tow company say they put a 72 hour notice on it, but i didnt see it cause its on the other side of the complex. Although the apartment complex has it in their leaseing agreement it states;

6. Limitations and Prohibitions. The following requirements apply to all vehicles parked on the Property, and may be modified from time to

time by Owner with notice to Residents, in Owner�s sole and absolute discretion. Vehicles in violation of these rules, this Addendum or the

Lease, in the sole judgment of Owner, may be immediately towed at the vehicle owner�s expense and without prior notice. Resident agrees to

indemnify, defend, and hold Landlord harmless for any claims related to the towing of vehicles for violation of these rules.

� Vehicles must be operable, insured, not leaking, and displaying their current state registration and license.

� Vehicles may not be considered abandoned (in Owner�s sole discretion)

� Vehicles may only be parked in allowed, designated parking spaces, and not: in fire lanes, on the grass, in no-parking, handicapped or

Office visitor spaces, double parked or blocking any fire hydrant, access way, entrance, exit, driveway, other vehicle or dumpster, or

parked in another vehicle�s designated parking space.

� Washing of vehicles is not permitted on the property except in specifically designated areas (if any).

� Repairs and/or maintenance may not be done on the Property without Management�s prior written permission.

� Resident will be responsible for the costs of cleaning up or repairing any leaks or damage caused by Resident�s vehicles

I am not sure why they would tow mine, yet leave others untouched. the night i got the letter here are the other infractions that i noticed with a quick walk around the complex.

Carport EXP yr/mth

359 10-Jul

323 10-May

437 10-Aug

418 10-Apr

535 10-Apr

530 10-Oct

518 10-May

512 10-Aug

other parking EXP

Uncovered 9-Oct

Uncovered 10-Sep White Elantra

Uncovered 10-May red tracker

uncovered 10-Jun White pathfinder

Uncovered 10-Apr Dark Camery

Commercial/over one ton

Lobo Construction/contractors VAN

IN and out VAN

Box truck in overflow parking

many of those cars/trucks have not moved for months. The last time my turck moved was mid september when i took it out to get the fluids moving, and give it a wash.

Is there anything i can do in order to get my truck back, without having to pay these fines? i get nothing but cold hearted "sorry" from the management of the complex. They dont even select which cars are towed, its the towing compnay that comes out and decides. is that ok?

My biggest thing is that the truck, is probably not worth all that much, but it is paid off and in my name. So to pay more money for it seems rediculous.

Well i hope yall can help...

thank you for your time.

Ed

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