Can an apartment complex tow a guest’s car without any warning to the guest?

UPDATED: Oct 17, 2011

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Can an apartment complex tow a guest’s car without any warning to the guest?

So to park in the apt complex’s parking lot we needed a guest parking pass to park over night without the tow. However, the offices are closed on the weekends and we’re told we should have known beforehand. Apparently it’s been posted in the tenants agreement but how are the guests supposed to know? There’s no signs in the lot stating who would tow it and if it’d even be towed in the first place. Can we fight it and win?

Asked on October 17, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the lease agreement between the landlord and the tenant specifcally requires a guest parking pass for the unit that you are renting at the complex where your guests the complex management can tow a guest's car without any warning to the guest.

The reason for the above is that under the law, the rule imposed by the complex for a guest pass to park overnight was known by you as stated in your lease agreement. You invited the guest over to your rental. As such, you had the obligation to advise the guest of the need for the guest pass in order to have prevented the towing of the vehicle that you have written about.

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