Am I entitled to a refund on a car towing expense from my apartment complex?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I entitled to a refund on a car towing expense from my apartment complex?

I live in an apartment complex and recently had to sign a form for a new parking policy stating residents had to have a resident sticker on their car or park in visitor parking or would be towed. My car broke down and I had to borrow my mother’s car for the night. I got home at midnight and there were no visitor parking spaces available in the complex so I parked in a spot in front of my apartment. The car was towed at 2:15 am. The apartment complex nor the towing company will give me a refund on the $126 I spent to get the car back. Is there anything I can do about this?

Asked on December 19, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you write, it would seem that you are not entitled to a refund:

1) The complex can set a parking policy like what you  describe;

2) You were aware of the policy, so there's no issue of a policy being applied without prior notice;

3) There is no obligation to keep some number of visitor spots available for residents who borrow a car;

4) With knowledge of the policy, you violated it, resulting in the charge.

It is unfair what happened, but from what you write, it would be legal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption