Download Towing Vehicles from Residential Rental Property

Towing Vehicles from Residential Rental Property
An abandoned or unauthorized vehicle on residential rental property is a common problem for property
owners and residents. Not only can these vehicles be unsightly, they often interfere with resident’s own
parking privileges. Abandoned and inoperable vehicles can also present a hazard to small children who
can be trapped or injured when playing in or around the cars.
The law allows property owners, their agents, and/or persons in lawful possession of the property (i.e.,
the tenant) to authorize the tow of vehicles from the property. Specific procedures must be followed
before and after doing so. Here’s an overview.
What Owners Can and Cannot Do:
A rental property owner, his/her agent, or a person in lawful possession of the property (i.e., the tenant)
may cause the removal of a vehicle parked on the property to a legal vehicle storage facility under any of
the following conditions:
•
Appropriate Signage – The property owner may have the vehicle removed immediately if there
is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22
inches in size, with lettering not less than one inch in height, prohibiting public parking and
indicating that vehicles will be removed at the owner's expense, and containing the telephone
number of the local traffic law enforcement agency and the name and telephone number of each
towing company that is a party to a written general towing authorization agreement with the
owner or person in lawful possession of the property. The sign may also indicate that a citation
may also be issued for the violation; or
•
Citations - The vehicle has been issued a notice of parking violation, and 96 hours have elapsed
since the issuance of that notice; or
•
Single Family Home - The property owner may have the vehicle removed immediately if the lot
or parcel upon which the vehicle is parked is improved with a single-family dwelling; or
•
Inoperable Vehicle - The vehicle is on private property and lacks an engine, transmission,
wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely
on the highways, the owner or person in lawful possession of the private property has notified the
local traffic law enforcement agency, and 24 hours have elapsed since that notification. (Vehicle
Code Section 22658(a))
Property Owner Must Give Notice of Tow to Local Traffic Enforcement Agency
Within one hour after authorizing the tow, the person who causes the removal of a vehicle parked on that
property must notify by telephone or, if impractical, by the most expeditious means available, the local
traffic law enforcement agency. (Vehicle Code Section 22658(f))
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Notice of Tow Must Be Given to Vehicle Owner
The tow truck operator removing the vehicle, (if the operator knows or is able to ascertain from the
property owner, person in lawful possession of the property, or the registration records of the Department
of Motor Vehicles, the name and address of the registered and legal owner of the vehicle), must
immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of
the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed.
If the vehicle is stored in a storage facility, a copy of the notice shall be given to the proprietor of the
storage facility. The notice provided for in this section must include the amount of mileage on the vehicle
at the time of removal and the time of the removal from the property. (Vehicle Code Section 22658(b))
If the tow truck operator does not know and is not able to ascertain the name of the owner or for any
other reason is unable to give the notice to the owner, and if the vehicle is not returned to the owner
within a period of 120 hours, the tow truck operator must immediately send, or cause to be sent, a written
report of the removal by mail to the Department of Justice at Sacramento and shall file a copy of the
notice with the proprietor of any public garage in which the vehicle may be stored. The report must be
made on a form furnished by that department and must include a complete description of the vehicle, the
date, time, and place from which the vehicle was removed, the amount of mileage on the vehicle at the
time of removal, the grounds for removal, and the name of the garage or place where the vehicle is
stored. (Vehicle Code Section 22853(c))
Written Authorization Required Prior to Towing a Vehicle
A tow company cannot remove or commence the removal of a vehicle from private property without first
obtaining a written authorization from the property owner or lessee, or an employee or agent thereof,
who must be present at the time of removal 1 and verify the alleged violation.
The written authorization to remove a vehicle must include all of the following:
•
The make, model, vehicle identification number, and license plate number of the removed
vehicle;
•
The name, signature, job title, residential or business address and working telephone number of
the person authorizing the removal of the vehicle;
•
The grounds for the removal of the vehicle;
•
The time when the vehicle was first observed parked at the private property;
•
The time that authorization to tow the vehicle was given. (Vehicle Code Section 22658(l)(B)(i), et.
seq.)
When the vehicle owner or his or her agent claims the vehicle, the towing company, prior to accepting
payment of a towing or storage charge from the vehicle owner, must provide a photocopy of the written
authorization to the vehicle owner or the vehicle owner’s agent. The towing company shall redact the
name, signature, job title, residential or business address, and working number of the person who
authorized the vehicle tow in the photocopy of the written authorization that is provided to the vehicle
owner or the owner’s agent. (Vehicle Code Section 22658 (l)(1)(C)(i) and (ii)
A person providing the written authorization who is required to be present on the private property at the time of the tow does
not have to be physically present at the specified location where the vehicle to be removed is located on the private property.
This means, for example, that a resident manager may wait for the tow truck back in his/her unit and may sign the authorization
when presented by the tow truck driver at the unit. (Vehicle Code Section 22658(l)(1)(A))
1
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Revised 11/2008 — © 2008 — All Rights Reserved
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The property owner or the tow truck operator who removes the vehicle must state the grounds for the
removal of the vehicle if requested by the legal or registered owner of that vehicle. (Vehicle Code
Section 22658(f))
Exception for 15 or Fewer Unit Properties
Owners of properties with 15 or fewer units who do not live on site or who do not have an on site resident
manager, or who have not designated an agent at the property to authorize the tow need not be present
at the property at the time the vehicle is towed. The following steps, however, must be taken:
•
The tenant must request the tow from the tenant’s own assigned parking space and must verify
the violation, and
•
The tenant must, within 24 hours, provide a signed request or electronic mail, or must have called
and will provide a signed request or electronic mail to the property owner or owner's agent; and
•
The owner or owner’s agent must provide the tenant’s signed request to the towing company
within 48 hours of authorizing the tow; and
•
The signed request or electronic mail must contain the name and address of the tenant, and the
date and time the tenant requested the tow. (Vehicle Code Section 22658 (l)(1)(A)) 2
Limited Exception to Contract Towing
General authorization to remove or commence removal of a vehicle at the towing company's discretion
cannot be delegated by a property owner to a towing company or its affiliates except in the case of a
vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane or in a manner that interferes
with an entrance to, or exit from, the private property.
In those cases in which general authorization is granted to a towing company or its affiliate to undertake
the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire
hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing
company and the property owner, or owner's agent shall have a written agreement granting that general
authorization.
If a towing company removes a vehicle under a general authorization described above and that vehicle is
unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an
entrance to, or exit from, the private property, the towing company must take, prior to the removal of that
vehicle, a photograph of the vehicle that clearly indicates the parking violation. Prior to accepting
payment from the vehicle owner, the towing company shall keep one copy of the photograph taken
pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy
to the vehicle owner or an agent of the vehicle owner, when that person claims the vehicle. (Vehicle
Code Section 22658(l)(1)(E))
2
Because penalties do extend to the owner for failure to comply with the signed request forms from the tenant, CAA
recommends that owners require that a tenant who requests the tow provide all required paperwork prior to the time the vehicle
is removed from the property.
California Apartment Association
www.caanet.org
Revised 11/2008 — © 2008 — All Rights Reserved
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Damage to the Vehicle
A towing company that removes a vehicle from private property in compliance with the law is not
responsible in a situation relating to the validity of the removal. A towing company, however, that
removes the vehicle is responsible for the following:
•
Damage to the vehicle in the transit and subsequent storage of the vehicle.
•
The removal of a vehicle other than the vehicle specified by the owner or other person in lawful
possession of the private property. (Vehicle Code Section 22658 (f))
The owner of a vehicle removed from private property may recover for any damage to the vehicle
resulting from any intentional or negligent act of a person causing the removal of, or removing, the
vehicle. (Vehicle Code Section 22658 (d))
Release of Vehicle Not Yet Removed from Property
Upon the request of the owner of the vehicle or that owner's agent, the towing company or its driver shall
immediately and unconditionally release a vehicle that is not yet removed from the private property and
in transit. (Vehicle Code Section 22658 (g)(1)(B))
If a vehicle is released to a person, the vehicle owner or authorized agent shall immediately move that
vehicle to a lawful location. (Vehicle Code Section 22658 (g)(1)(C)(2))
Penalties for Failure to Comply
A property owner or a person in lawful possession of the property who causes the removal of a vehicle
parked on that property is liable for double the storage or towing charges if they fail to comply with the
notice requirements of law and/or if they fail to state the grounds for the removal of the vehicle if
requested by the legal or registered owner of the vehicle. (Vehicle Code Section 22658(e)(1))
Property owners who fail to provide the required authorization to the tow company within 48 hours of
removing a vehicle from property with 15 or fewer units is guilty of an infraction, punishable by a fine of
$1,000. (Vehicle Code Section 22658(e)(2))
Related Items and Information
•
•
Vehicle Code Section 22658, et. seq.
Towing Notice – CAA Form 43.0
In order to satisfy California law, a towing sign must meet the following qualifications:
•
•
•
•
•
•
•
Not less than 17 by 22 inches in size;
Lettering not less than one inch in height;
Prohibition against public parking;
Indication that vehicles will be removed at the owner's expense;
Include the telephone number of the local traffic law enforcement agency;
Include the name and telephone number of each towing company that is a party to a written
general towing authorization agreement with the owner; and
The sign may also indicate that a citation may also be issued for the violation.
California Apartment Association
www.caanet.org
Revised 11/2008 — © 2008 — All Rights Reserved
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The following language, if in lettering not less than one inch in height, on a sign not less than 17 by 22
inches, satisfies the above requirements.
Public Parking Prohibited
Vehicles will be removed at the owner’s expense.
[Insert name and phone number of
local traffic enforcement agency]
[Insert name of Tow Company]
A citation may be issued.
California Apartment Association
www.caanet.org
Revised 11/2008 — © 2008 — All Rights Reserved
Page 5