Help! Apt. Mgr. have my car towed

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catherine878

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My boyfriend and I live in a 1-bedroom apartment, and both of us drive. We were given one parking space, so my boyfriend parked his car out in the street. Back in November last year, there was a burglary incident, and one of the car keys to my boyfriend's car was among the stolen properties. We wanted to move out right away, but our lease was not up for another four months, so we decided to stay. We also called the car dealership and the insurance company to see what we can do with the stolen car key. In the meantime, I spoke with the apartment manager to see if she has a spare parking space we could use temporarily. She gave us a remote control and assigned us a space in the lower level. At that time, she wrote our names, my apartment number and the temporary parking space number on a piece of paper, and told me to check back with her in a week, which I did, but still that apartment was not rented and she agreed to let us keep using that space, and that's what we did for the past 4 months.

My boyfriend went on a trip overseas so he was gone for the entire month of February and won't be back until next week. He had left his car in that space. My car was parked on another level, so usually I don't see his car on my way in or out of the parking structure. Last night I had to get something out of his car, and when I got down to the first level, I was totally shocked because the car was gone!! The first thought that occurred to me is that the burglar had followed us, identified the car, and stole it. I called the police to report an auto theft, but eventually I was told that the car was not stolen, it was towed by my apartment because some new tenant has moved in and needs that space now.

Needless to say I was very pissed. I got to the impound lot first thing in the morning, and I did notice there was a "Your car will be towed" sticker on the back of the car. I paid $205 and got the car out. Later I called the manager. Why couldn't she call me up or leave a letter on my door, and I would move the car right away?? She told me that she had misplaced that piece of paper, therefore did not remember whom she had assigned the space to, and she figured we would have moved the car after seeing the towing sticker, but just luck would have it, my boyfriend is out of country, and I didn't see the car until four days later! I told her that I was under the assumption that I would be notified if she needed the remote back and the space being made available, but she kept saying that was only a temporary arrangement, and I was to check with her every two weeks, therefore it's all my fault, and there is nothing she can do (paying me back the tow charges).

Does anyone have some suggestion on how I should approach this matter? Should I bring a claim to the small claims court? If so, what kind of evidence should I have?
 
This is a tough one. It is unquestionably the apartment manager's fault but the question is, how much? He provided no notice to you either but was it reasonable for you to think that you could just leave it there indefinitely? You did rely upon him to notify you in the event of a problem... You could try abating this amount from the rent or trying some other means of working this out with the rental company. It doesn't seem like there will be a mutually acceptable agreement but whatever you decide to do, you must put all this into writing and send a certified letter to the managing company regarding this towing fee. If they refuse, I don't see why you shouldn't take this to small claims court. It will be easier to deal with moving out without having a potential issue of you having to go to court for non-payment of rent. Good luck to you... I'm not sure which way this could turn out and it will likely depend upon credability and specific facts.

catherine878 said:
My boyfriend and I live in a 1-bedroom apartment, and both of us drive. We were given one parking space, so my boyfriend parked his car out in the street. Back in November last year, there was a burglary incident, and one of the car keys to my boyfriend's car was among the stolen properties. We wanted to move out right away, but our lease was not up for another four months, so we decided to stay. We also called the car dealership and the insurance company to see what we can do with the stolen car key. In the meantime, I spoke with the apartment manager to see if she has a spare parking space we could use temporarily. She gave us a remote control and assigned us a space in the lower level. At that time, she wrote our names, my apartment number and the temporary parking space number on a piece of paper, and told me to check back with her in a week, which I did, but still that apartment was not rented and she agreed to let us keep using that space, and that's what we did for the past 4 months.

My boyfriend went on a trip overseas so he was gone for the entire month of February and won't be back until next week. He had left his car in that space. My car was parked on another level, so usually I don't see his car on my way in or out of the parking structure. Last night I had to get something out of his car, and when I got down to the first level, I was totally shocked because the car was gone!! The first thought that occurred to me is that the burglar had followed us, identified the car, and stole it. I called the police to report an auto theft, but eventually I was told that the car was not stolen, it was towed by my apartment because some new tenant has moved in and needs that space now.

Needless to say I was very pissed. I got to the impound lot first thing in the morning, and I did notice there was a "Your car will be towed" sticker on the back of the car. I paid $205 and got the car out. Later I called the manager. Why couldn't she call me up or leave a letter on my door, and I would move the car right away?? She told me that she had misplaced that piece of paper, therefore did not remember whom she had assigned the space to, and she figured we would have moved the car after seeing the towing sticker, but just luck would have it, my boyfriend is out of country, and I didn't see the car until four days later! I told her that I was under the assumption that I would be notified if she needed the remote back and the space being made available, but she kept saying that was only a temporary arrangement, and I was to check with her every two weeks, therefore it's all my fault, and there is nothing she can do (paying me back the tow charges).

Does anyone have some suggestion on how I should approach this matter? Should I bring a claim to the small claims court? If so, what kind of evidence should I have?
 
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