Private Property Towing Explained
Private property towing is a common practice in many communities, serving as an important tool for property owners or managers to maintain control over their property. As the name suggests, private property towing is the act of towing vehicles of unauthorized individuals from privately owned land, such as apartment complexes, office buildings, retail establishments, and other privately reserved lots. This practice plays a crucial role in deterring criminal activity and maintaining order, as well as ensuring that legitimate users of the property can access it without obstruction.
Vehicle owners may encounter situations that lead to the need for private property towing. For example, a vehicle may become inoperable and be left on the property, or an unauthorized vehicle may park in a space reserved for tenants or employees. This is particularly common in apartment complexes with assigned parking or commercial lots with limited parking space for customers . In some cases, an owner may be leasing a space to park and another tenant may illegally park their vehicle in the scheduled spot. Whatever the situation leading to private property towing, the law provides owners and managers certain protections for situations of unauthorized parking.
However, there are limitations to private property towing laws. For instance, most states require property owners to post a sign at the entrance to their property, warning unauthorized users of the risk of being towed. These requirements can vary by locality, as well as the specifics for the placement of the sign, so it is important for owners and managers to be aware of their specific state and local laws. Further, certain states require that owners of the private property enter into an agreement with a private tow company before towing vehicles. In any case, both the property owner and the vehicle owner have rights relating to the private property towing process.
Laws Surrounding Private Property Towing
The legal framework governing private property towing is established primarily by state statutes and, in some cases, municipal ordinances. While the specific details can vary by jurisdiction, the general principles tend to follow a similar structure.
At the core of these laws is the right of private property owners to control access to their property. Private property owners have the legal right to authorize or inform towing companies to remove any vehicles that they consider trespassing on their property. This is fundamentally rooted in the property owner’s right to exclude others from their property, a principle that has long been upheld in common law and statutory law.
State statutes typically outline the procedures towing companies must follow to properly remove a vehicle from private property. These may include:
- Proper Posting of Signs: Statutes often require that property owners post signs in areas likely to be encountered by drivers to warn them of the possibility of towing. This may also cover the size and placement of the signs.
- Notification to Local Authorities: Towing companies are usually required to notify local law enforcement within a certain time frame (e.g., usually 30 minutes) after a vehicle has been towed. Some jurisdictions also require the towing company to indicate the location where the vehicle will be delivered.
- The Right to Recover Property: Laws usually provide for vehicle owners to recover their property from the towing company, often upon the payment of the towing fee and related costs.
- Limiting Towing Charges: Some laws also impose restrictions or caps on the towing charges that tow companies can levy against vehicle owners.
In consideration of these rights and responsibilities, property owners must take extra care when authorizing a vehicle to be towed. For instance, many states require the property owner to have the towing company contact the local police department to ascertain that the vehicle is not reported as stolen before the tow occurs. Many jurisdictions also require a formal written authorization to be on record.
These statutes are enforced by local departments who carry the enforcement of the FSTRA into practice. Depending on the severity of the violation, consequences may range from a warning to the towing company (or driver) to criminal misdemeanors.
Any deviation from the strict letter of the law may render the subsequent towing unlawful. As a result, property owners are always warned to thoroughly understand their responsibility to obey any and all applicable laws before authorizing a vehicle to be towed. Otherwise, property owners may leave themselves open to legal liability.
To legate this risk, the statute allows the lawful removal of a motor vehicle that is parked without the consent of the owner or lessee of the property on which the vehicle is located, or is parked in a designated 24 hour pay parking facility (unless the charge is appropriate paid), in a no parking zone as posted under RCW 46.61.570, or is parked or stopped in a manner that violates any other motor vehicle parking provision under chapter 46.61 RCW.
For this statute to apply, the person requesting removal of the vehicle must have custody of the property on which the vehicle is located and may be one of the following: The effectiveness of the statute is subject to regulations which requires an owner or agent of the owner of a private property to request the removal of a vehicle, after first determining that the vehicle has been left on the property without consent.
Rights and Obligations of Private Property Owners
Private property owners’ rights and responsibilities when it comes to towing unauthorized vehicles varies from state to state. However, every state has some form of statutory regulations regarding both towing companies and private property owners. Towns and municipalities may also have their own ordinances that are more specific and impose additional requirements, so it’s important to check both federal and local regulations.
In Connecticut, for example, CGS 14-261 requires that companies provide notice of their towing policy and emergency contact information and that property owners put up signage and other materials.
Section 14-261(f) covers the required notice and states:
(1) The owner or proprietor of each business establishment shall provide a notice to each frequent customer and the owner or proprietor of each apartment or condominium complex shall provide a notice to each resident of such complex. Such notice shall state the following: (A) the total number of parking spaces generally available for use by patrons or residents at such business establishment or complex; (B) the number of parking spaces that may be used for tow away purposes; and (C) the name and business telephone number of the owner or proprietor of such business establishment or complex during normal business hours. In addition, such notice shall disclose that emergency contact information for the owner or proprietor is available at such business establishment or complex; and (2) any sign posted pursuant to subsection (c) of this section shall indicate that the owner or proprietor of such business establishment or complex may be contacted during normal business hours at the location of such business establishment or complex, notwithstanding the provisions of subsection (h) of this section, and shall contain the following statement: "The owner or proprietor of this property may be contacted during normal business hours at _____________ (insert place at which physical telephone number is kept)."
Failure to put up the required signage and notices results in a fine of $100 for each day the violation occurs.
The signage requirements, set forth in Section 14-261(c), require that signs be placed near every entrance to the premises. In addition, the signs must be identical and be no less than 36 inches by 48 inches in size and provide: (1) the name, business address and telephone number of the business concern, organization or property owner that agrees to have their vehicle towed; (2) the name, address and telephone number of any person, towing service or company that is under contract to remove vehicles; (3) a description of the vehicles that may be towed away from such property; (4) the days, times and duration during which such vehicles may be towed; (5) the nature of the unauthorized uses that will result in towing; (6) the reason the vehicles may be towed, which may limit the reasons to not more than three; and (7) the penalty for violating such sign.
Vehicle Owners’ Rights in the Face of Tow
On the other hand, if you are the owner of a vehicle that has been towed from private property, you should know your rights as well. Under the law, the towing company must properly notify you that the vehicle has been towed. The normal method is by mail. The law requires that this mailing go to your last known address and make sure that it is not just auto junk mail. If you have not received such a notice, you may be able to challenge the tow. If the owner of the vehicle has actual knowledge that his vehicle was towed, then there is no requirement for the towing company to notify the owner by mail. In those cases, the owner is deemed to have received the notice and may be charged fees associated with the towing of the vehicle until he actually pays the fees. Whether an owner of a vehicle can recover any of the towing fees depends on whether the towing company complied with the law. Vehicle owners should therefore have the right to retrieve their vehicles without having to pay unfair towing charges. It is important to understand what constitutes "actual knowledge" of a tow. If a towing company employee tells a vehicle owner that his vehicle was towed, that may be considered actual knowledge. On the other hand, a simple phone call from an employee of the towing company to the vehicle owner’s cell phone while he is out of town on a business trip, would not be considered actual knowledge. A letter sent to the vehicle owner’s home while he is away may not be considered actual knowledge either.
Variances in State Towing Laws
When it comes to private property towing, no two states are alike, and this is why it’s essential for you as either a property owner or motorist to be aware of the laws in your state. In this section we’ll take a closer look at the key differences between state laws with regard to towing on privately owned property, so that you can be better informed on this important issue.
The laws governing private property towing can vary from state to state, and in some cases, county to county or even municipality to municipality. For example, although most states have a minimum amount of time before a vehicle can be towed (24 hours, 48 hours, etc) before it can be considered abandoned and towed, there may be an exception. In some places, vehicles that are non-operable and/or have flat tires or broken windows can be towed immediately without notice. On the other hand, in some areas it may not be legal to have a non-operable vehicle towed (perhaps if it’s on a commercial or residential lot, etc.). To give you another example, most states have laws when it comes to signage, permitting property owners to post signs about property rights where a vehicle can be towed if it’s parked without permission. But what does "without permission" mean? Does it mean that a vehicle is not allowed to be parked there at all? Is there some other stipulation that must take place?
Because exactly how to regulate private property towing can differ so greatly from state to state and in some cases, city to city, it’s important to be aware of the laws in your area. Make sure to consult the following sections of our ultimate towing guide to help you better understand how private property towing is regulated in your state.
Types of Disputes and how to Resolve them
There are several common disputes that may arise in the context of private property towing, including disagreements over the validity of a tow, over charges and fees associated with a towing, and over access to personal property in the vehicle. Residents, business owners, and property owners should educate themselves about their rights when it comes to these issues to avoid potential liability.
One common dispute is whether the tow was authorized at all. A driver may return to find his or her vehicle being towed and immediately object. An individual may also have his or her vehicle towed in error or without adequate authority. There are certain steps you can take to initiate an emergency stop of a wrongful tow.
Another dispute involves charges and fees. The law requires tow companies to provide an itemized receipt of the services rendered as well as the towing rates. The towing company must also identify the person or entity requesting the tow. You may dispute any illegal or unauthorized fees.
Finally , another common dispute surrounding private property towing involves access to personal property within the vehicle itself. A property owner or manager may seek to bar any access, while the vehicle owner may demand immediate access. Prior to accessing the vehicle, it is recommended to contact a private property tow attorney to outline your options.
While many issues can be resolved via negotiation and/or mediation, sometimes civil action is necessary. Our attorneys will tirelessly fight on your behalf in order to protect your rights and interests.
How Property Owners can Protect Themselves
For commercial property owners, the most effective and profitable strategy for ensuring compliance with parking requirements is to avoid having to use a towing company altogether. The first step a property owner can take is to develop a clear parking policy and to use effective signage to communicate the policy. For example, if a commercial center requires that a particular section of the parking lot be reserved for customers as opposed to employees, and the center allows a limited amount of non-customer parking in the reserved section and will only tow upon request in certain circumstances, the property owner should state all of this information in conspicuous signs (and possibly smaller literature) both on and near the parking lot. It is recommended that the property owner consult a competent signage vendor or legal counsel when creating signs to ensure that the signage complies with any local ordinances, regulations or statutes. A knowledgeable signage vendor or legal counsel can also help ensure that the signs are communicated effectively to anyone entering or parking on the property. While well-placed, clearly-stated signage is an important part of this communication process, it is not the only part. A property owner should also be regularly communicating to employees, tenants or residents about the importance of adhering to the property’s parking policy. For instance, if the property owner notices that employees are not complying with the property’s parking policy, then it is likely that the property owner is losing rental income due to unauthorized use of parking spaces. In response, the property owner should consider sending a notice to all employees and/or tenants or residents with the following information: (i) a reminder of the property owner’s parking policy, (ii) an explanation of the detrimental effects to the property owner of non-compliance with the parking policy, (iii) potential enforcement measures for non-compliance such as the possibility of the property owner requesting an authorized tow, and (iv) an opportunity for those parking on the property to remedy their compliance issues. A property owner should then send out a follow-up reminder a few days later and should consider sending out a final warning notice a few days before the property owner begins enforcing the parking policy by seeking authorized tows.
Consequences of Unlawful Towing Practices
Illegal towing practices can result in massive fines for both private towing companies and residential property owners. This blog focuses on the impact that illegal towing can have on private property owners, but we cannot ignore that there are often three parties involved with prices charged by the towing companies themselves being another aspect of the equation.
For instance, no vehicle shall be towed without a contract in place. (See Section 22658(b)(1).) If the towing company does not have a contract in place, the owner of the private property could be liable for all towing charges. In many cases, the damages in this scenario far exceed the price of the towing bill, not to mention that an aggrieved motorist may consult a lawyer.
Similarly, property owners often have no idea how the law works prior to hiring a towing company to start to enforce parking restrictions on their property. With this, property owners can unknowingly be liable based on the actions of the towing company they hired to remove vehicles parked illegally on their property.
A typical example is when an unlawful tow occurs but the property owner has a contract in place. In some cases, the property owner can be liable for all towing charges.
Although the statute requires that a sign "clearly and conspicuously" be posted, courts have held that a sign must be located within 5 feet of the landowner’s property line and the sign itself must be not less than 1 inch in height. Other requirements dictate that the sign be placed at each driveway entrance to the property and on all of the sides of the building(s) on the property. These regulations are intended to make it clear to members of the public that the lot or portion of the property is private, such that vehicles parked there require either "permission of the owner" or the vehicle must "be removed from the property upon the request of the owner or owner’s agent".
So when all of these signage details are disregarded, how can the owner ultimately be liable for the charges if the owner knew nothing about the location of the signs, or didn’t even know what the signs said?
Some courts have found that even if the text on the signs were not clear and understandable to the average person, the question of whether the motorist could expect to have the vehicle towed was really a case specific determination. These cases never go to trial…but they usually go into the settlement conference room where both sides try to win.
At the end of the day, the duty to understand the towing statutes lies with the private property owner and leaving this duty to a third party, such as the towing company, is always a risky business decision. In California, the law clearly places the responsibility of having a lawful contract in place on the private property owner. The law clearly states that "[n]o vehicle shall be removed by a towing service from private property without the fast removal of the point of attachment from the vehicle and the removal of any portion of the hitch or other apparatus used to attach the vehicle to the towing vehicle." (Section 22658(q)(1).)
Where to Find Help Locally
Both property owners and vehicle owners have access to resources upon which they may call for aid after a private property towing. Property owners have the benefit of legal counsel, tow dispute hotlines, and consumer advocacy groups, while vehicle owners have legal counsel, tow request hotlines, and consumer advocacy groups upon which they may call after a private property towing has occurred. Tow request hotlines are a less common aid; in most municipalities, a local government hotline exists that connects callers with a local agency that can assist callers in determining whether a private property towing has violated local laws . Generally, these administrative agencies only provide assistance to the owner of the vehicle that was towed. Consumer advocacy groups such as the Better Business Bureau (BBB) and state attorneys general attempt to positively influence the actions of towing companies by investigating charges against towing and storage companies and by educating consumers on the rights that vehicle owners possess after being towed. In effect, these groups attempt to bring about change by informing consumers about the powers they have to alter the behavior of the towing and storage industry.