Can a landlord change the complex’s parking passes without adequate notice and tow your car?
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Can a landlord change the complex’s parking passes without adequate notice and tow your car?
My landlord put a flyer on my door on Thursday afternoon when I left town for the weekend and they were closed the entire weekend. The flyer stated that they were changing our parking passes and had we had 1 day to get a new one or our car would be towed. They were closed the entire weekend. Because we were not given adequate notice of the change, many of us had our cars towed and were charged $125. Is there some law against this or can they just change the passes and tow our cars whenever they want without any notice?
Asked on September 29, 2011 under Real Estate Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your landlord can unilaterally change the complex's parking passes. The issue is whether the time permitted for his or her unilateral change of the passes inadequate for the tenants given the circumstances?
If you have a written lease for the rental that you have with this particular landlord, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. If the written lease is silent about required ntoice to implement new parking passes that resulted in many of the tenants having their cars towed, then what the landlord did was improper and actionable in a small claims court action.
I recommend that all tenants who has their cars towed should consider filing a small claims action against the landlord as a unified group if the facts warrant a lawsuit as discussed above.
Good luck.
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