Legal Question in Real Estate Law in Virginia

My Leasing Agreement stipulates that one of the conditions imposed by my Landlord to allow me to park my vehicle in my residential apartment's parking garage is that it have a current VA Inspection & Emissions tag. I have the following questions regarding the legality of my Landlord's parking conditions:

1) Generally, who has the legal authority to enforce the VA motor vehicle law in the State?

2) Does my Landlord have legal authority to monitor VA motor vehicle law on the Government's behalf?

3) Does my Landlord have the right to use the VA Inspection & Emissions requirements as a condition to park my vehicle on the premises, given that I am paying a monthly rental for my parking space?

4) Does my Landlord have the legal right to tow my vehicle away if my VA Inspection & Emissions tag is out of date?

5) If my Landlord does tow my vehicle away for not having up to date VA Inspection & Emissions tag, and if he does not have authority to enforce the VA motor vehicle law in Alexandria, do I have any recourse under the law to request a refund of my towing expenditures?

Thank you.


Asked on 11/30/11, 6:22 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

1."State police officers and law enforcement officers of every county, city, town or other political subdivision of the Commonwealth shall enforce the provisions of this article punishable as felonies, misdemeanors, or traffic infractions." (Va. Code Sec. 46.2-102

2. Yes, but any such monitoring would be in behalf of the complex rather than the government.

3. Yes, and to make such a requirement of the lease.

4. Yes.

5. The landlord would have the authority to have your vehicle towed under the circumstances described as a violation or breach of the lease agreement and

not as an enforcer of any motor vehicle laws that may have been violated, and, no,

your would have no recourse for the recovery of towing fees (if such towing

were to occur).

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Answered on 12/01/11, 8:32 am


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