Can my apartment complex really not inforece parking after hours but tow my car ?

Asked over 1 year ago - Mountlake Terrace, WA

My apartment complex jus recently had my car towed because there was a mis communitcation one of the leasing agents moved my parking & told me the wrong number so it got towed. I missed work & my son late to school they reimbursed me for getting my car back but I shouldnt have been towed in the first place i never recieved any notice that i was in the wrong spot. somebody is parking in my spot now when I complained to management she told me well its after hours we arent open theres nothing we can do. Im asingle mother trying to make ends meet I feel like im being discriminated against is there anything i can do? somebody please help :(

Attorney answers (2)

  1. Elizabeth Rankin Powell

    Contributor Level 20

    Answered . When you have a written agreement that says you get to park in a certain spot, that is your spot. It was right of the complex to pay you back for the tow, but that isn't how it is done. You go to the towing place and request the documents and the tow place has to set up a tow hearing at the District Court. The person who requested the tow has to come explain themselves. If the tow was wrongful, you get your car back and no costs to you; if the tow was done correctly, then the tow stands and you have to pay for it. As the complex has all ready compensated you, it is a bit late to go ask for a tow hearing. On these facts the Court might have awarded you more, but probably not a lot more.

    If somebody is parking in your spot, tell the complex in writing and keep a copy. Seems to me that you can figure out what you pay for 24 hours parking (or however long it takes them to get your parking spot back) and tell them that they need to compensate you for not towing the person who is wrongfully parked in your space. Complaining to management in any fashion except in writing (and keep a copy!) is, unfortunately, useless.

    But while this is irritating and not best practices to wrongfully tow you and then allow somebody else to take your assisgned spot, it doesn't sound as though it is discrimination. Discrimination happens when you belong to a protected class (race, gender, ability, etc.) and you get treated differently from others who don't belong to the same class. I hope that makes sense.

    The best thing you can do is to express your displeasure with your management's boneheaded parking enforcement decisions is to put it in writing and tell them. Keep a copy. And when your lease comes up, tough as it is to move, consider finding a landlord with a bit more consideration for their tenants. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.
  2. Vitaliy Kertchen

    Contributor Level 16

    Answered . Leave a cordial note on the intruder's vehicle, asking them to stop parking in your spot. The first step should always be to try to work things out yourself.

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