Legal Question in Traffic Law in Florida

We rent a condo in a complex where most units are owned by a property company. Our is privately owned. Back in the fall we had a car with expired tags that we were preparing to sell. We went on vacation for a week and came home to see that all units were given notice that the mangmnt company would start towing cars with expired tags in November. (This was early September) We called right away just to assure them the car would be sold before Nov. and wanted to ensure it wouldn't be towed. They said they were not towing before November and it would be fine. The next day we went to clean the car for the buyer to pick up and it was gone! Turns out they towed it the week prior (while we were on vacation). It cost us $1000 to get it back. They never stickered our car or gave us personal warning that our specific car would be towed. We have their notice stating November as the tow policy date. Our landlord knew about the car and had no problem. Do we have a case in small claims court against this management company?


Asked on 2/04/10, 5:28 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

This isn't really a traffic law question but I'll try to answer anyway. It sounds as if you had an oral agreement to allow you to keep the vehicle but the owners breached that agreement. You may want to talk to an attorney that handles civil claims and breach of contract claims just to be sure.

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Answered on 2/09/10, 8:42 pm
Sarah Grosse Sarah Grosse, Esquire

I think you may have a decent argument here to be reimbursed for the tow fees. I say this if it is true 1) you did not have any prior written notice to keep unregistered vehicles off the premises; 2) the notice of towing in November was in a written letter to all residents; and 3) the person who told you "it would be fine" worked for the property company and will testify that s/he told you that. You did not necessarily need any sticker or personal warning.

It would not be financially sound for you to hire an attorney to try to reclaim the $1,000 (plus other incidental fees and costs). You should sue in small claims court without an attorney. Good luck to you!

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Answered on 2/10/10, 3:24 am


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