QUESTION
Does the owner of a parking lot need to give permission to a towing company before they tow someone's car?
Asked on Jul 09th, 2012 on Landlord and Tenant Law - New Hampshire
More details to this question:
I parked in a fellow renter's parking spot and they (the renter) called a towing company and had my car towed, without even letting the landlord know about it. Doesn't the towing company need permission from the owner of the parking lot (the landlord) to tow the car?
9 ANSWERS
It is doubtful that the towing company was acting without the knowledge of the landlord or his agent.
Answered on Aug 10th, 2012 at 5:14 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yes. The towing company should not have listened to another tenant. They need permission from your landlord, the land owner.
Answered on Aug 10th, 2012 at 5:13 PM
Kevin Elliott Parks
Likely not. If the parking space is included in the tenant's lease, which is likely, and an unauthorized car was parked there without permission, they likely have the right to report it and have it towed. It's not a perfect analogy, but the situation is not completely different, in a manner of speaking, as if a tenant came home and found someone in their apartment they'd certainly call the police, not necessarily the landlord.
Answered on Aug 10th, 2012 at 5:13 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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The towing company obviously didn't feel that it needed permission from the landlord to tow your car. If you violate the parking rules and park in a designated reserved spot you are running the risk of being towed. I don't think it makes a difference if the owner of the spot or the owner of the lot initiates the action to get your car out of a place it doesn't belong.
Answered on Aug 10th, 2012 at 1:51 PM
Dennis P. Mikko
The answer to this question would be found in the rules and regulations of the parking lot.
Answered on Aug 09th, 2012 at 8:54 PM
Leonard A. Kaanta
The renter also rented the parking space, as the renter of the parking space he had the right to remove a vehicle that didn't belong there.
Answered on Aug 09th, 2012 at 8:47 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If the renter has control of the parking space he essentially owns the parking space and can have a car towed that is parked there without permission.. So no.. the landlord does not have to be notified.
Answered on Aug 09th, 2012 at 5:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the contacts. Do you really want to add attorneys fees to your costs.
Answered on Aug 09th, 2012 at 5:14 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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No, the individual who has a right to the space can do so as well.
Answered on Aug 09th, 2012 at 2:32 PM