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Tenancy Problems - Most Recent Answers
Q:
My apartment manager towed my car.
I have an assigned parking spot, but after having had the vehicle broken into twice, and the window smashed, I moved it into a spot closer to my apartment so I could finish my workday (I work at home) and then decide what to do with it. My spot is in a semi-concealed location and the vehicle is now insecure.
The spot I moved it to is one of four that are unassigned and used by management and tenants for temporary (a few hours) business and moving. In fact, when I moved in, the manager told me that that was what they were for. Often, guests will park in these spots for up to a week, and the manager will do nothing. The day after the towing, a moving truck blocked all spots for three hours and the day after that, a car showed up that sat in the lot for two days, while building employees came and went.
My vehicle was parked in this spot for a maximum of 3 hours, and would not have been left for more than 3.5.
There are no no-parking signs anywhere new the spaces in question, and the lease agreement makes no specific mention of spot assignments or temporary parking. There is a sign for the towing company that mentions illegaly parked vehicles, but not what constitutes an illegal vehicle. The only instruction I have ever received about the parking policy has come from the manager, as indicated above.
When I moved in, the manager personally took and recorded a visual description of the vehicle, and must drive past the vehicle, which is quite distinctive, every time he enters or leaves the lot. The probability that he could not have recognized it is virtually nil.
The manager made no attempt to contact me before towing the vehicle, even though I was home the entire time (no, I didn't hear the tow truck).
So, I confronted him about his actions and he claims: a) that he did not recognize the vehicle, b) that the spots are not available for use by tenants, and he never told me that they were. Given that there are no codified rules regarding temporary parking, and that his verbal instructions to me (which he disputes) were that those spots could be used temporarily, I'd like to know if, should my letter to the owner of the building demanding reimbursement be rejected, I can expect satisfaction though the court or RTO. Am I right to feel wronged? |
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| A:
Right to feel wronged? You got towed. You parked in a spot other than the one you paid for. You can demand reimbursement but I can't think of any section of the legislation upon which you can build a successful case. You might advance a reimbursement claim through small claims if you choose, but it will take you nearly a year to wind through the hoops, and your chances of success there are just as slim, in my view. I suggest you negotiate a new parking spot, take the hit and the hint, and appreciate that your manger might call the tow truck on you again if'n you park at your convenience and not his. |
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