Can a landlord tow your vehicle without notice?

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Can a landlord tow your vehicle without notice?

My landlord placed a sticker on my vehicle around 8am saying that the vehicle needed to be moved. When I came outside around 12pm, my car was gone. When I contacted my landlord, he told me the car was illegally park and its not his problem. So, can a landlord tow a vehicle with little to no notice?

Asked on June 21, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is: *were* you illegal parked? If you were, then your car could be towed without notice to you, the same as a car illegally parked in a handicapped spot, or near a hydrant or otherwise in a no parking zone, could be towed without notice.

On the other hand, if your car was legally parked, then the landlord had no right to tow you, whether or not they provided notice. They could ask you to move the car, as a favor; but if you were in a legal spot, that's all they could do, and if they towed you while you were parked legally, you could seek compensation (for any damage to the car; for cost of towing; etc.) from them.

So notice is not the issue; the issue is whether you were legally parked or not.


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