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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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My daughter lives in an apartment complex that has posted signage that states "permit

Customer Question

My daughter lives in an apartment complex that has posted signage that states "permit parking only" and "visitor parking-must have pass". That works well to obtain a pass when the office is open 9-5 PM and you know company is coming over. My daughter's baby came down sick, and I drove 4 hours, arriving at 3 AM to take care of the baby next morning so she could go to work. I did not have the opportunity to get a pass. My car was towed at 7:15 AM. shouldn't management have to provide access to passes 24/7 if they want to enforce visitor pass parking at all times? BTW, this is Knoxville, TN. should I pursue small claims to retrieve $75?
Submitted: 4 years ago.
Category: Business Law
Expert:  MShore Law replied 4 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Were there areas for you to park nearby that did not require a permit (e.g. street parking)?
Customer: replied 4 years ago.
no
Expert:  MShore Law replied 4 years ago.
Thank you, XXXXX XXXXX a visitor's permit, does the visitor's tag or vin information need to be provided?
Customer: replied 4 years ago.
The visitors permit is a paper hanger that hangs from your mirror. It has "jaime" name - apartment complex manager and the date the tag expires(2 days later). I believe when I went to the office to complain aobut it, I had to give them my license number in order to get the permit.

Management did allow me to get the decal that goes in the back window. but I had to sign on as a resident, sharing my daughter's one bedroom apartment. And at first they wanted $25 to run a credit and criminal check, but waived it when i showed them my badge(retired probation officer - mostly in courts in CA)

Other thing was I actually prevented my vehicle from being towed by paying $75 on the spotm as he had my wheels all locked up. I gave him my credit card. he copied the number. Came back at 8:15 AM blocking me in again, and said my card was denied. Turned out he had copied the number wrong(I have proof on his receipt). He also did not put on the time on the receipt that he attempted to tow me. I had him add that. He wanted to see my license. When I pulled out my wallet, which has my badge in it, he stated "Showing me that badge isn't going to mean anything here"...like I was trying to bribe him.
Expert:  MShore Law replied 4 years ago.
Thank you, XXXXX XXXXX is private property, the apartment complex can place such restrictions on visitor parking as it deems appropriate. Regrettably you do not have a case to challenge to $75 payment in court in this instance. however the threat of a lawsuit may be enough to compel management to issue a refund.

Please let me know if you have any follow up questions.
MShore Law and other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
sorry. please quote me the TN law code that covers your generic answer so that I can look this up myself.ver
Customer: replied 4 years ago.
BTW, I am NOT challanging their right to place such restrictions on private property. I am challanging the fact that the management should then be available at all times to issue a vistors parking pass when needed by a visitor.

I live in a gated commuhnity and we enforce similar laws, BUT we have security on 24/7 to hand out passes as needed.

I will not threaten a lawsuit that is unenforceable.
Expert:  MShore Law replied 4 years ago.
Because this is an issue of the exercise of control over private property and one's ability to place restrictions thereon, are you looking for the code that permits landowner's to place restrictions on the use of their property as they see fit?
Customer: replied 4 years ago.
that's a start. Especially since this is under new management and this was NOT part of the lease agreemnt originally. In fact, another interessting question. This might allow her to be able to get out of the lease becasue of this added restriction? So codes about changing rental agreements in midstream would be good too. Could she be released from her lease?
Expert:  MShore Law replied 4 years ago.
See http://www.tn.gov/attorneygeneral/op/2007/op/op111.pdf

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