My landlord towed my car for parking space repavement when I was on vacation.
He sent out a notice to my apartment to ask me to move my car days after I left for vacation, so I never got the notice and didn't move my car. He did not call or use other forms of notifications. He towed my car and left it at the towing company parking lot until I came back and asked me to pay for the towing and parking fee. He blamed me for not telling him that I was on vacation. Do I have a case?
Negotiate with him. If he even pays half, you will be better off than if you go to the trouble of filing a small claims case. This is my opinion. Before you talk to him, check your lease to see if it addresses these situations. If it does and he erred, you can kindly point that out. If not, just use your radio voice and hope he will listen to reason. to sum it up, you may have "legal" rights, but this is the kind of situation where you will probably come out better now and in the future by simply engaging him in calm, adult discourse.
This response is based on the limited facts presented and is not intended to substitute for direct legal advice, nor is it intended to establish an attorney-client relationship. It is intended to direct you to issues which you may desire to explore further.
Atty. Dent has given an excellent answer here. It's also worthwhile to note that the judge in small claims court often splits the difference and will compromise anyway with each side paying its own cost. So you often wind up in the same place.
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.
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