Can my landlord tow a tenant’s friend’s car without any warning?

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Can my landlord tow a tenant’s friend’s car without any warning?

The other day my friend came over and I had him park in what I was told by a friend was guest parking. However when he went to leave the following day, his car was gone. I went in and asked the office if they knew what happened and I was told that the area I had him park in was only guest parking when the office wasn’t open. When I tried to complain, I was told that they had sent out a notification a couple weeks ago to inform everyone of the parking policy for that lot. I never received a written notice and he was there for less than 20 hours before it was towed.

Asked on December 9, 2010 under Real Estate Law, Michigan

Answers:

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

Answered 11 years ago | Contributor

Ok so you need to go back and ask for another copy of the notification that was allegedly sent out to all the tenants and you need to ask how the notification was sent out.  See if they sent it by mail or they stuck in people's mailbox. Is the area that your friend told you was guest parking marked as such?  Does your friend also live in the complex?  How did he or she know it was guest parking?  Was he or she given notification? Whenand how and does he or she have a copy? The way that they designated guest parking may not be clear enough to be able to stand up in a fight over it.  Unless the are is clearly marked for all to see I think that they may have a problem.  Being guest parking "only when the office is not open" is an arbitrary and capricious standard and you should challenge it.  Good luck.


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