Am I entitled to a refund on a car towing expense from my apartment complex?
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Am I entitled to a refund on a car towing expense from my apartment complex?
I live in an apartment complex and recently had to sign a form for a new parking policy stating residents had to have a resident sticker on their car or park in visitor parking or would be towed. My car broke down and I had to borrow my mother’s car for the night. I got home at midnight and there were no visitor parking spaces available in the complex so I parked in a spot in front of my apartment. The car was towed at 2:15 am. The apartment complex nor the towing company will give me a refund on the $126 I spent to get the car back. Is there anything I can do about this?
Asked on December 19, 2011 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you write, it would seem that you are not entitled to a refund:
1) The complex can set a parking policy like what you describe;
2) You were aware of the policy, so there's no issue of a policy being applied without prior notice;
3) There is no obligation to keep some number of visitor spots available for residents who borrow a car;
4) With knowledge of the policy, you violated it, resulting in the charge.
It is unfair what happened, but from what you write, it would be legal.
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