My car was towed from the parking lot of my Fort Worth apartment. Is that legal?
If your car was towed from the parking lot of your apartment complex, you may be wondering whether that’s legal in Texas.
State law gives car owners protections and rights against exploitative and unreasonable towing.
The parking rules and policies for your apartment must be provided by your landlord when you sign the lease, either as part of the lease or as a separate document, according to texaslawhelp.org. It should say “Parking” or “Parking Rules” and be underlined, capitalized or in boldface.
In general, your car can be towed from the parking lot of your apartment complex if it blocks a walkway, other vehicles or access to the dumpster; if it is parked in a restricted or reserved space or a tow-away zone; or if it is a semitrailer, trailer or truck-tractor, unless your lease agreement allows you to leave it there.
Reasons for apartment towing in Texas
Because it depends on the situation, here are the cases in which apartment towing would be lawful in the state, per apartmentagents.com:
- Obstructing a traffic aisle, entry, or exit of the parking facility
- Preventing a car from leaving a parking space
- Obstructing a marked fire lane
- Leaking a fluid that presents a threat or hazard to property or persons
How do I know where my car was towed to?
If your car was towed from a parking lot, red and white signs should be posted at the entrance/exit with the name and phone number of the wrecker company who tows from that lot, according to the City of Austin. Call that number for more information about your vehicle, visit www.search.autoreturn.com or contact apartment complex management.
How much will you be charged for the tow?
The maximum tow fees permitted by law are as follows, per texaslawhelp.orh:
- light-duty tows, $255;
- medium-duty tows, $357;
- heavy-duty tows, $459 per unit, or a maximum of $918.
What happens after towing
A towing company cannot take items you left inside your car, or use your car while it’s in storage, per the Texas Department of Licensing and Regulation. The storage company cannot withhold your personal property or make you pay for getting it out of the car. If they refuse, you can sue them in small claims court as long as you prove that you own or are authorized to use the car and that you own the personal property.
The storage company has the right to auction off your car if you don’t claim it within 31 days of the second written notice.
What to do if your car was towed illegally
“Numerous unlawfully towed victims complain of signs and markings that aren’t placed in noticeable areas, confusing information on the slot or sign, as well as weather-worn information on the sign,” apartmentagents.com says.
If your car was towed illegally, the operator is not licensed or the license is invalid or expired, you might not have to pay tow or storage fees. A complaint can be filed in the Justice of the Peace court to recover towing fees and the cost to repair any damage. You can request a tow hearing in justice court within 14 days of the tow, and the court will hold a hearing within 21 days of filing.
Complaints can also be filed with the Texas Department of Licensing and Regulation online.
This story was originally published October 9, 2023 at 3:28 PM.
