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Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6392
Experience:  20 years of proefessional experience
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Our vehicle was towed by property management because it was

Customer Question

Our vehicle was towed by property management because it was damaged during an accident the day before. The vehicle was driven and parked in front of the residence where I pay rent. The property manager stated because the parking lot is private property, they reserve the right to tow any vehicle as they wish and cited body damage as the reason. Since the towing, the car was repaired but is 2 different colors (body is white, hood is navy with matching bumper). The property manager has harassed me to paint the car to 1 color or risk towing. Last week I received a "final warning" letter stating they will be towing the vehicle if it is not painted by 9/2/2017 (I believe this date is a typo but also believe she will tow the car on Friday if not painted). There is nothing in my lease stating the car color as a reason for tow. It only indicates derelict vehicles as a reason (car is licensed, insured and in working order). Are these reasons for tow legal? If not, how can I prevent her from wrongfully towing the vehicle again? I can provide copies of the lease and final warning letter if needed.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Maverick replied 11 months ago.

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Expert:  Maverick replied 11 months ago.

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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