What to do if car was towed by landlord?

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What to do if car was towed by landlord?

I was renting from my landlord for over 2 years when I gave him notice that I was moving. I told him that I had someone who wanted to move in. I asked my good friend who was the new tenant (he signed the least and everything) if I could leave my sports car there until I found the spare key and get a new tire. He said no problem and I got it in writing. 3 weeks later a buddy called me and said the car was gone. I called the landlord and he said that he had towed it and gave it away. I need my car back. He said that I had to pay $350 for the tow. Can I sue him?

Asked on October 28, 2010 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What would you be suing for? Your friend may have given you permission to park there, BUT--

1) Could he give permission for a nontenant to park overnight? If that's not allowed at all, it doesn't matter what your friend said.

2) Even if the friend could give permission, was he required to do anything to make it happen? I.e. should he have notified the landlord's office; did he need to get some kind of temporary permit; etc.

In short, to sue the landlord, you'd need to show that the landlord did something wrong. But if under the circumstances of this matter, thel landlord could tow a non-tenant car, then the landlord did not do anything wrong, and therefore would not be liable.


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