Can I sue my apartment manager for my vehicle being towed ifI didn’t know that it was illegally parked?

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Can I sue my apartment manager for my vehicle being towed ifI didn’t know that it was illegally parked?

My vehicle was towed from my apartment complex. It has a current registration and inspection stickers. The vehicle is operational. I was told by the towing company that my vehicle was towed because it was in a covered parking spot belonging to another resident. No where in my lease agreement under the topic of parking does it state that I have to pay for covered parking.

Asked on February 9, 2011 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I would say that you have a valid reason to gripe here.  Was the spot clearly marked as someone else's?  So then how would you know?  Are they numbered?  Are you assigned a number?  I would absolutely take this up with the apartment manager and the owner.  If your lease is silent to it and the other factors mentioned here come out in your favor I would send a letter that requests reimbursement for the towing and indicating that there has been a breach of your contract (lease agreement).  If that does nto work take them to small calims court.  Take picutres before you send the letter.  Good luck to you.


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