Withhold rent

**Preston** · 08-25-2007, 04:56 AM

I need some opinions on what I should do with this one:

I came out to leave for work today and my car was gone. I found out that the landlord of our property had my car -- and several others towed.

It wasn't because I had been violating a policy that I knew of.

They changed the policy so we would have to display parking passes in our cars to park in certain spots or just park in the "visitor" spaces. I was told that where I was parking was considered visitor and I have been parking there for four months.

They changed the policy, leaving flyers on the doors of the apartments and saying it would take effect yesterday. However, we were out of town and just got back into town yesterday.

After confronting my landlord (unsuccessfully) she told me they had given the towing company permission to tow any car that didn't display a pass. From what I have gathered, at least 9 cars other than mine have been towed in the past two days. the towing company only accepts CASH (something sounds shady.. eh?)

To top it all off, as I was leaving to WALK to the bank to get the $$ to get my car out of impound there was a tow truck coming onto the lot to tow another car, and when I got back from the bank (MAYBE a half hour later) there was ANOTHER tow truck looking for cars to tow. Seem a bit predatory?

I managed to get my car out -- I paid a neighbor $10 in gas to drop me off at the lot and it cost me $109 to get the car out of impound. But conveniently for the tow company the driver didn't have enough change. (Further sounds shady) but I managed to get it our for $110, so it cost me $1 more and I didn't feel like dealing with any more crap.

To add insult to injury I had to call off work since I couldn't make it in -- which costs me another $100.

So, my rent is due next week but I am considering withholding $109 from the amount and filing a complaint letter -- and I am also considering going door to door in the complex to find others who have been towed.

I feel like I am being ripped off, violated, and that I need to take some kind of action, but I want to get some opinions on what to do.

**Its_Donna** · 08-25-2007, 06:22 AM

Personally I would not withhold rent...you could be subject to late fees on top of everything else. You now have your car and your sticker and you are now parking in the area you are suppose to...so I would take the documentation, my rental contract and the dates of the incident and start consulting legal aid or call some of those 1-800-Get -a-Lawyer places and see if you have a leg to stand on. Good Luck to you.

**karone** · 08-25-2007, 08:41 AM

pay your rent then get a lawyer to look into it along with some of your neighbors.

**jamie79** · 08-25-2007, 09:44 AM

Yep and I would find a new place to LIVE!!!!

**Darlene** · 08-25-2007, 09:54 AM

Withholding rent would get you in more trouble. I know in some cities parking can be a pain but what a weasel like thing to do. There should be signs also, thought that was a law or something . Tow truck people are having a field day.
Did your door have a flyer with all the info?

**TreasureFinder** · 08-25-2007, 10:36 AM

The tow truck company's behavior probably wasn't specifically due to the landlord; it's just the way they would do any job they were called to do. Tow truck companies can be very "predatory", as you mentioned. In front of my last job, we would see a tow truck driver hook up to a car, and sit there waiting until the driver showed up, then pull away at the last minute so the driver would see him towing the car away. It made the drivers more upset, since it looked like they just missed saving the car. Once we saw someone get into the car and get away just before the tow truck connected, and the tow truck driver was not happy. They may get paid by the car, I don't know.

**Grayce** · 08-25-2007, 11:22 AM

They changed the policy and notified everyone by leaving notices at their doors. It is not the landlord's fault you were out of town and did not see the notice. I would not hold back part of the rent.

**Jaded** · 08-25-2007, 11:34 AM

Legally, they have to give you 30 days notice for any changes that involve money. You're in the right. Get together with your neighbors who also had their vehicles towed, and get a lawyer. I hope you at least got a receipt from the tow company. Sounds like a scam the two have cooked up to me.

**DixieJ** · 08-25-2007, 12:30 PM

Originally Posted by Jaded

Legally, they have to give you 30 days notice for any changes that involve money. You're in the right. Get together with your neighbors who also had their vehicles towed, and get a lawyer. I hope you at least got a receipt from the tow company. Sounds like a scam the two have cooked up to me.

I agree, sounds like the landlord probably got a cut of the towing bill.

Dixie Jean

**leezza** · 08-25-2007, 12:36 PM

Preston,

Lots of things:
a. All documents in writing, reciept, letter that was left on the door....(did you let your manager know you would be out of town, in case of emergency and so forth?)
b. Are you a good resident? pay rent on time, good neighbor, ect....
c. Is this a one off or is the managment always shady??

If you have a good working relationship with the manager you may want to call their office and schedule a appointment and go in and talk to them (If they were not aware that you were out of town they may be willing to try to help you out) .......BE NICE! If not go straight to the owners with your paperwork and ask for a credit for your rent......be warned that usually if you go to the owner you don't make any friends with the management.

The thing you need to think about is this......is the $110 worth having to move.

JMHO,
leezza

**Preston** · 08-25-2007, 03:49 PM

Well, IT GETS BETTER!!

I woke up today to my neighbor banging on my door because the towing company was hooking up my wife's car to be towed (the parking pass had FALLEN off the mirror). I caught the driver showed him the pass and he still tried to charge me $50 for having it hooked up to be towed ... I created a bit of a scene and he unhooked it and went away.

But the scene got me two neighbors who had their cars towed too to come out and I got their information. I am going to form a resident's union and get all paperwork and statements together.... then I am going to call an attorney.

There was a flyer put on the door a week before this policy went in effect but:

1) It specifically states *3* times in our lease agreement that we must be given a 30 day WRITTEN notice of any change in the lease terms.

2) They have no proof I even received the notice they sent out last week. One of the people I talked to said they hadn't gotten the flyer.

3) The towing company accepts Cash only and when I got my car the driver didn't have change.

I'm pretty certain there was violation of the lease agreement and I think it is my obligation to get residents together and work on a class action on both the property company and the towing company.

I am paying my rent in full this month (even though my landlord said I got withhold $50 of it due to the inconvenience)

This whole Deal cost me over $200 and makes me ineligible for a promotion at work.

We are good tenants who pay our rent EARLY. We never have complaints, we respect our neighbors and we abide by the rules that are set. I work 2 jobs, and my wife works too and we work late shift, so doing things during normal business hours can be difficult.

**Michelle68** · 08-25-2007, 04:07 PM

Preston, it would be interesting to see if there is any connection between the landlord and the towing company (i.e. is it owned by family? The landlord?, etc.) Also, what precipitated the new parking ordinance? Was the landlord recieving complaints about parking or is this something that came out of the blue? I think it's a good idea to form a group of tenants and seek out advice from a lawyer. Keep us updated.

--Michelle

**getnrichslowly** · 08-25-2007, 04:27 PM

Good luck Preston, keep us posted.

**Preston** · 08-25-2007, 04:50 PM

Originally Posted by Michelle68

Preston, it would be interesting to see if there is any connection between the landlord and the towing company (i.e. is it owned by family? The landlord?, etc.) Also, what precipitated the new parking ordinance? Was the landlord recieving complaints about parking or is this something that came out of the blue? I think it's a good idea to form a group of tenants and seek out advice from a lawyer. Keep us updated.

The old policy assigned parking places to specific units and if we had a second car we could park in the visitor lot.

Apparently there had been people calling in the late hours of the night complaining that someone was in their assigned space. It happened to me where someone would park in our assigned space but we just rolled our eyes and parked both cars in the visitor lot... the car would be gone the next day and we'd have our space back. NO BIG DEAL!

When this new policy took effect we needed a parking pass for one of our cars (they limit us to one) and then the other car must be parked in the visitor section. My car was towed because I parked in a visitor's spot but they re-zoned it the next day so I would need to have a pass to be parked in that spot.

So they changed the policy to stop the complaining over the assigned spaces...at the expense of (rough estimate) 25% of the residents who live in this complex who have had their car towed in the past 2.5 days.

I have gathered more information that at least 15 cars were towed since Thursday.. And my wife's car was almost towed today despite it being a WEEKEND!

**rainbowgc** · 08-25-2007, 06:24 PM

Put "Paid in protest" on the bottom of your check before you pay and that way if you take them to small claims court you can't get evicted but have a chance of getting your $ back.