Can landlord be sued for damages for towing vehicle away?

Question

My friend rental agreement states she is assigned a parking space. It states nothing in the agreement that the car has to be in her name. Only no campers trailors ect. Since she moved in 2 mths ago she has been using my car. She is a single mother and has a new born. Yesterday the owner had the car towed away. Neither one of us can afford to get it out, not to mention there is still monthly payment to be made. My question is, who has to sue him. and can he be sued for the monthly payments or for what is owed on vehicle?

Answer 1

I am a landlord of 25 years.

I would NOT have towed the car as long as she was not complaining of another using her space.

Since I have not seen your lease, hard to reply.

Suing would be very hard.

Try explaining to the tow company since your landlord seems to be a jerk.

People rent cars, so does he tow the cars they rent?

If you file in small claims court, then he will find ways to evict you.

My lease covers this issue and signs posted.

But, I know my residents and try to be human.

  

Answer 2

No you can't sue him.  When she signed the lease she had to give him a description and tag number of her vehicle.  If that changed for any reason she should have went to the office and updated the info.  Sorry.

Answer 3

Is the vehicle required to have a sticker that shows it belongs to a resident of the complex? If so, did it have a sticker?

The land lord is not responsible for your monthly payments.

The tow company will charge you for the tow AND storage. The storage charges vary from area to area. In my state they are 20-25 per day but can be higher in other parts of the country. That means - for every day the car sits at the tow yard the storage charges go up and up and up.  And you will have to pay all of that to get it out. So....the longer it sits the bigger the bill to get it out.

Eventually the charges will eat up the value of the car. The tow yard will file the appropriate paperwork and take ownership of the car. They will sell it to recover their expenses. Now you will have car payments and no car.

If this happens - that is not the fault of the landlord - that is your fault for leaving the car at the tow yard.

So - get your visa or master card and get the car out of the tow yard.

You can sort it out with the landlord once you have the car back.  

Answer 4

Nope. It is her problem, and now yours. Cars parked in apartment complexes are normally required to have the license plate number in the office or a sticker from the office to be able to park in the complex. She violated this and now you will both be paying for it.

Answer 5

if the agreement said nothing about a car being in her name, then the landlord is liable for the damages. If you've read the fine print, and you're sure, then she can sue. Unless the owner specifically stated that a car has to have a permit sticker or hanger visible at all time, then you can call a local law firm and get it straight.

Answer 6

Borrow the money and get the car out.  Even if you sue the landlord later, you have a duty to mitigate your damages.  Letting the car sit in storage collecting fees until it's auctioned off will not do you much good.  No judge will give you the payments or value of the car if you lose it that way.

If her lease does not say that she has to tell the landlord what kind of car she is driving or the plate number, he can't tow it.  I think she should sue him because it's her parking space.  Technically, she is responsible to you and the landlord to her so really, she was the one who borrowed the car and is responsible for giving it back to you in same condition so she should be the one to get it out and then sue the landlord but since you are friends, if it's easier for you to aquire the money, you can do it and she will pay you when she gets it from the landlord.