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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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My son's car was towed from s apt complex's parking lot, 3

Customer Question

My son's car was towed from his apt complex's parking lot, 3 weeks after moving in. He parked in a covered spot, after finding NO other available spots at night, then later finding out it was in premium (paid) parking spots. He was towed on Sept 9th. He was given notice on Sept 1 that towing for this issue would begin on the 7th. He has a current parking tag for the complex. According to Tx renters rights, doesn't management have to notify tenants 14 days in advance before enforcing towing? Is management responsible for his towing fees, if so? If he has nowhere to park because they're not enforcing visitors to vacate tenants spaces, what recourse does he have?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 2 years ago.

Thank you for your question. Please permit me to assist you with your concerns. To ensure that I do not miss anything, I will go point by point here so that I do not miss anything.

You asked:

My son's car was towed from his apt complex's parking lot, 3 weeks after moving in. He parked in a covered spot, after finding NO other available spots at night, then later finding out it was in premium (paid) parking spots. He was towed on Sept 9th. He was given notice on Sept 1 that towing for this issue would begin on the 7th. He has a current parking tag for the complex. According to Tx renters rights, doesn't management have to notify tenants 14 days in advance before enforcing towing?

No, they do not. If he was not parked on property where he had a right to park, he is a trespasser and can therefore be towed. The fact that he had a current parking tag does not mean that he had a tag for the whole property, but for the set amount of spots that the tag was allotted for, and therefore arguing that because of that he is protected from being towed won't really work as a valid argument against towing..

Is management responsible for his towing fees, if so?

No, I am sorry, they are not responsible.

If he has nowhere to park because they're not enforcing visitors to vacate tenants spaces, what recourse does he have?

He can claim breach of contract on their end, and request that they reimburse him for the cost of the tag if they failed to make adequate space for him at the location, especially since he paid for the space. But as far as a general tag, I am afraid that legally the management is correct--they do not have to have a spot available for him (as he did not have an assigned space), merely this tag gives him a right to park there if a space exists.

Sincerely,

Dimitry, Esq.