Legal Question in Real Estate Law in California
Landlord's power to remove inoperable vehicles
Can a landlord remove, or force a tenant to remove, the tenant�s inoperable vehicle from an enclosed apartment parking garage where the car is parked in a space assigned to the tenant?
If the answer is yes, on what basis (e.g., statute, ordinance, etc.) does the landlord have such a right? What can a tenant do to protect themselves or prevent such an action?
1 Answer from Attorneys
Re: Landlord's power to remove inoperable vehicles
Vehicle Code section 22658(a) may authorize the towing. With some exceptions, it gives the owner of private property the right to 'cause the removal of a vehicle parked on the property to the nearest public garage.....[if].... (3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, a windshield, or any other part or equipment necessary to operate safely on the highways....
Thre are a few other limitations and requirements, but this gives you the basics.
In your case, the tow from an enclosed garage rented to you seems pretty extreme, and might even conflict with some law relating to burglary, but on its face the statute does seem to give the requisite power to the landlord to set up and carry out the removal of an inoperable tenant vehicle.
The result is best prevented by having a written agreement or clause in the lease giving you the right to store an inoperable vehicle and waiving the landlord's rights pursuant to VC 22658.
You can read the entire text of the code section on line.
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