Can I sue my landlord...?
for towing my vehicle without my knowledge when there is nothing stated in the contract? There was no warning notice on the vehicle before it was towed. The office did not try to contact me about it being towed. The reason it was towed is because it had a flat tire (which was going to be fixed that day). There is nothing in the contract stating that a vehicle should be registered with the administrative office. There is nothing in the contract stating that an apartment cannot have two vehicles. Would I have just cause to sue the landlord for the $150 it cost me to pick it up? After talking with the office woman, she quoted "the owner will recognize half of the cost. but you will have to pay for the pickup and we will take that half off of your next rent payment". Whoopee! $75 off of rent who cares? That's not helping me.
- 1 decade agoBest Answer
Any question that begins "Can I sue..." has to be answered "Yes".
The real questions are "Is it worth it?" and "Can I win?"
Can the landlord lawfully remove a derelict vehicle from the property? Many courts would say that he can.
He seems to have acted unreasonably if the car was only there a few hours ("...to be fixed that day..."). So you might persuade a small claims court for a judgment for the $75 unreimbursed amount. You may start first with a demand letter, sent by certified mail. Decide whether to sue after that, since the costs may be over $100 before you get to trial.
Prepare at the library or online to learn how to present a case successfully in small claims court.
Good luck.Source(s): 30 years experience in civil litigation
- 4 years ago
To sue for slander, you will need to show that what was said has caused you monetary loss, as in not getting a job or being turned down for an new apartment. You will also need to show that what was said was indeed false. If the same landlord has refused to do necessary mauntenance, you can sue for that, but again, you have the burden of proof. You must show that the landlord was aware of the need for repairs and that he/ she did not make those repairs in a reasonable time or fashion. In the cas eof the repairs, you would have to again show financial loss to get any money settlement.
- Om Namah ShivayLv 61 decade ago
This is where things can get sticky. If there is a posting visible on the property stating you can be towed for x, y, z reasons...you can sue...but I doubt you will win. If vehicle abandonment is on that sign...because the tire was flat...he can simply say he thought the vehicle was abandoned, especially if the tire was flat for a few days. It could also depend on where you were parked. With out a bit more information...it's hard to say.
Here in my city...even if the vehicle is parked on private property...if the tire is flat and the car has been sitting for a few days (not sure the number of days) the city can step in and have the car towed and/or fine you if the vehicle isn't moved in X amount of days. A house across the street from mine was sited for that same reason and had to have the truck towed away.
- lilmaxLv 51 decade ago
If they are THAT willing to pay you back "some" of your costs, to get your car back; they are probably in the wrong! However; you'll no doubt have to take them to small claims court to recoup your entire loss.
I suggest you go to your landlord an get some contractual clarification on the parking issue and if they don't have a parking policy stated in your lease agreement, or signs posted as to parking/towing, then you might have cause for a full blown lawsuit for, "Deprivation of private property." This might also include; punitive damages!!Source(s): I'm a landlord myself!
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- Anonymous1 decade ago
Is that the reason they gave the TOWING people for taking your car?? A flat tire!!?? Was it obstructing exit or entry to the property? Check with your attorneym and see if you can get them for not only the $150, but having to take time to retrieve it, especially if it was during working hours! Regardless, if the car was upsetting these jack---s why didn't they call the Police!? THAT is the correct why to have an offending car removed!
- JMLv 71 decade ago
let me be honest in saying although you may have a case, it will be a waste of time to go after $150, especially when in the end, it's only $75. and you could end up losing and ending up having to pay the landlords attorney fees and court costs.
- 1 decade ago
This could just be the rules of the strata/complex that you are living in. Most apartments or townhouse communities have rules that the residents must abide by....such as no broken down vehicles permitted on the premises, unsightly lawn ornaments, changes or renos to the front of your apartment/townhouse, noise bylaws, etc. You need to ask what the rules/bylaws are for the complex you are living in so you know what you can and can't do there. I can't offer you any advice as to suing them though, even though it is unfortunate that you didn't know about their policies.
- 1 decade ago
i would look at your rental contract. it should state something about vehicles. my landlord has a clause that says if a vehicle is inoperable and NOT repaired to move in 2 days, he will tow it at owners expense. i had an issue with my car that lasted longer than two days but i talked to him and told him i was working on it.
look at your rental contract and talk to the office again with the contractg in hand. sometimes it is also in a handbook they gie you when you move in.
- 1 decade ago
nope your in a losing situation if you did go to court and sue its not woth it youll be paying more then your getting bite ya younge and find a better apartment your landlords a dick who has no clue in how to keep tenants
- ddorrerLv 41 decade ago
First - file a police report for theft against the property management or owner. Do it today!
Second- photograph the parking lot for signs regarding parking.
Third - File in small claims for the cost of recovering your car and legal costs.