If my car was towed from my parking lot because of their new rule requiring a parking pass, can I fight the towing charges if I wasn’t properly notified first?

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If my car was towed from my parking lot because of their new rule requiring a parking pass, can I fight the towing charges if I wasn’t properly notified first?

Here’s what they did to notify residents: They placed a notice on the elevator They allegedly placed notices underneath residents door which I did not receive. They placed the standard towing sign up at the entrance of the lot saying all unauthorized vehicles will be towed but not in the back lot where I was parked. I was on vacation for most of the notification period but I provided the licence plate, make and model of my car when signing the lease.They never got any verification from me that I knew of the passes, and they had my vehicle info. Can they be held for the towing charge ($195)?

Asked on October 7, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you want to contest the towing charge due to improper notice given you by the property complex you can. The best way to do so is to carefully read your lease in that its terms and conditions control the obligations owed you by the landlord and vice versa in the absence of conflicting state law.

You need to carefully read the provisions of the lease cobcerning rules and notice of any changes required to be given assuming there is a provision. If so, then that is the protocol regarding the notice requirements and if not provided properly to you then you have a basis to contest the towing charge.

If the lease is silent as to notice of rule changes, then you have an even better basis for contesting the charge.

Good luck.


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