Consumer Protection Law
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This issue would be governed by your lease agreement. If the lease terms only provide for towing of abandoned vehicles and yours is not, then it may be a violation of the lease for them to tow it. You can sue the LL for breach of the lease agreement and/or for civil conversion and recover your out of pocket and actual damages from this conduct. The court can also issue an injunction to prevent future towing with the threat of fines or jail time for future violations.
Missouri lists three elements in proving conversion: (1) plaintiff was the owner of the property or entitled to possession of it; (2) defendant took possession of the property with the intent to exercise some control over it; and (3) defendant thereby deprived plaintiff of the right to possession of the property. MAI 23.12(1) (1989). Fehman v. Pfetzing, 917 SW2d 600, 602 Mo.App.E.D. 1996).
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