Legal Question in Landlord & Tenant Law in Virginia

Towing laws

I am a tenant in apt complex. They recently hired tow company to manage the parking problem. Signs are posted that say private parking tenants only. We were not made aware of the new rule of each car must have stickers. The day we got our sticker our car was towed. The office worker did not inform us that they would tow our car if we were parked in our spot. I wish to deduct the tow fee from my rent. I feel I was not informed so can I legally deduct that amount from rent


Asked on 12/03/08, 11:37 pm

1 Answer from Attorneys
Gregory Kennedy The Kennedy Law Firm

Re: Towing laws

No. In Virginia, a tenant may not withhold rent as a means of settling a dispute with a landlord. There is such a thing as a "tenant's assertion" where the tenant pays rent into an escrow account established with the court, but that is only for extreme cases where the residence is uninhabitable (no water, no electricity, etc.).

Your best option is to come to an agreement with your landlord. Inform them of their failure to provide notice. If they posted notice or sent you notice and you missed it, you are out of luck. Your ultimate remedy here would be to file a complaint in court, but you would spend more in time and money than you would hope to recover for the tow.

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Answered on 12/04/08, 10:24 am


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