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Landlord towed our car

YodaTunaYodaTuna Registered User regular
edited May 2011 in Help / Advice Forum
Firstly, I live in Minnesota. This afternoon my girlfriend and I left to go to work in my car which was parked in the basement garage. When we pulled out into the parking lot, we noticed, it was completely empty, including my girlfriend's car. We immediately went to the rental office. They informed as that they were repaving and that we had been given notification and it had been posted in our building.

They said a notification had been put under our door two days ago. This is false, however we were given our lease renewal form two days ago. They also brought the lady responsible for posting the notifications who informed us that she did NOT post any notifications in the building (even though she was supposed too and they always do when it snows).

They have said they are going to go through the security footage to see if they can see the notice being put under our door. They will see something put under our door (lease notification). It will cost us 200 dollars to get the car back.

Does anyone have any suggestions? I've been trying to find the pertinent laws for Minnesota regarding notification before towing and haven't found anything concrete.

YodaTuna on

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    ThanatosThanatos Registered User regular
    edited May 2011
    Do you still have the lease notification?

    Landlords are typically total pricks about this type of shit. How much longer do you have to live there?

    Thanatos on
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    YodaTunaYodaTuna Registered User regular
    edited May 2011
    Yea I have the lease notification. I'm not home so I can't check, but I'm hoping it's dated. Our lease is up at the beginning of August, but we have to let them know if we are staying before the end of May.

    YodaTuna on
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    ThanatosThanatos Registered User regular
    edited May 2011
    If you're not sticking around, you can always sue them. Small claims court is there for shit like this.

    Thanatos on
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    bowenbowen How you doin'? Registered User regular
    edited May 2011
    Threaten to take them to small claims court. Or say, "Hey shitbags why didn't you knock on our door to move our car before you fucking towed it?"

    Alternative, contact your local renter's association and see if you can't deduct that release from the impound lot from your next month's rent.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    YodaTunaYodaTuna Registered User regular
    edited May 2011
    bowen wrote: »
    Threaten to take them to small claims court. Or say, "Hey shitbags why didn't you knock on our door to move our car before you fucking towed it?"

    Alternative, contact your local renter's association and see if you can't deduct that release from the impound lot from your next month's rent.

    Well, they say they did knock on my door (at 7:30 AM). Both me and my gf work the late shift so we were sound asleep. There is no way that can be considered proper notification though. If things go poorly, I will definitely be contacting a lawyer.

    Unfortunately at this juncture, we wanted to stay in the apartment for another year and then get a house. I don't want to move to another apartment just to move out again next year. Kind of stuck for the moment.

    YodaTuna on
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    amateurhouramateurhour One day I'll be professionalhour The woods somewhere in TennesseeRegistered User regular
    edited May 2011
    I'm just chiming in to say good luck.

    Our apartment complex did this very same thing, right down to the girl at the office not putting the notice on our doors, but our complex paid the towing fees.

    I hope yours does the same.

    amateurhour on
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    DocDoc Registered User, ClubPA regular
    edited May 2011
    You don't need a lawyer for small claims court, and you certainly don't need one over a matter of $200.

    Doc on
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    YodaTunaYodaTuna Registered User regular
    edited May 2011
    Doc wrote: »
    You don't need a lawyer for small claims court, and you certainly don't need one over a matter of $200.

    Well I don't think I would even be able to bring them to small claims court unless I know what the law actually is. I wouldn't be hiring a lawyer, just find some place that give free consults.

    YodaTuna on
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    EggyToastEggyToast Jersey CityRegistered User regular
    edited May 2011
    The law is that they towed your property without giving proper notice.

    EggyToast on
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    SkittlebrauSkittlebrau Registered User regular
    edited May 2011
    Have you gotten your car out of the impound lot? I would recommend you do that ASAP. Impound lots charge daily storage fees on top of the initial tow fees. These fees rack up quickly, and are usually pretty expensive.

    Skittlebrau on
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    MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    edited May 2011
    May want to have cars checked by a mechanic - I understand towing (the dragging kind) is generally detrimental to cars, depending on if they hook it in front or back, and it's rear-wheel drive. Particularly since you can count on the management company to have used the cheapest tower.

    Hopefully I just watch too much Operation Repo and it's not that bad.

    MichaelLC on
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    YodaTunaYodaTuna Registered User regular
    edited May 2011
    Have you gotten your car out of the impound lot? I would recommend you do that ASAP. Impound lots charge daily storage fees on top of the initial tow fees. These fees rack up quickly, and are usually pretty expensive.

    Couldn't today as we didn't find out until just before we had to leave for work. The impound lot has a 20 dollar a day fee.

    YodaTuna on
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    SkittlebrauSkittlebrau Registered User regular
    edited May 2011
    MichaelLC wrote: »
    May want to have cars checked by a mechanic - I understand towing (the dragging kind) is generally detrimental to cars, depending on if they hook it in front or back, and it's rear-wheel drive. Particularly since you can count on the management company to have used the cheapest tower.

    Hopefully I just watch too much Operation Repo and it's not that bad.
    Yeah, it's not a bad idea to check over your car before you get it out of impound. However, these tow drivers aren't stupid. They're not going to do anything reckless with your car. They know they're liable for any damages they may cause.

    It may be different with a repo, since at that point, the owner is deliquent and the bank just wants their property back.


    YodaTuna wrote: »
    Have you gotten your car out of the impound lot? I would recommend you do that ASAP. Impound lots charge daily storage fees on top of the initial tow fees. These fees rack up quickly, and are usually pretty expensive.

    Couldn't today as we didn't find out until just before we had to leave for work. The impound lot has a 20 dollar a day fee.
    Yeah, definitely get on that. I know it sucks to have to pay and then hope you get reimbursed, but the alternative is even worse. I've seen situations where people believe they were towed wrongly, and let the car sit in impound while they went to court over it, then the court says "Sorry, man, the tow was legit," and now the people are on the hook for a $500+ tow bill. Or worse, the car gets sold by the impound because no one claimed it.

    Skittlebrau on
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    DemerdarDemerdar Registered User regular
    edited May 2011
    They should have your number.. and your email (at least mine does). They obviously failed to notify properly.. that's all kinds of fucked up. And generally, tow truck drivers are pretty adept at what they do, so there will most likely be no damage to your car. I've called in a lot of tows, and there has maybe been one or two that have been questionable.

    Demerdar on
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    soxboxsoxbox Registered User regular
    edited May 2011
    Putting something under your door is not notification - sending a (registered) letter is or putting a letter into your hand.

    Is the parking spot an assigned spot or is it just a general garage where you could park anywhere? If the parking spot is on your lease, they don't have any right to do anything on that land regardless of how much notice they give.

    soxbox on
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    olanmillsolanmills Registered User regular
    edited May 2011
    What happened to you does not sound legal. Before you talk to a lawyer, I would try to contact a tenant advocacy group first, who should be able to help you with out any sort of cost:

    http://www.bing.com/search?q=renters+advocate+minnesota&src=IE-SearchBox&FORM=IE8SRC

    olanmills on
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    DivideByZeroDivideByZero Social Justice Blackguard Registered User regular
    edited May 2011
    Did anyone else in your building receive notification of the towing? Talk to your neighbors. They might've been towed too. In fact it's very likely that since their employee fucked up by failing to notify the entire building, the rental company knows it's on the hook for not just your car, but every car in the lot, times $200.00, and that's why they're jerking you around.

    Then:

    1. Go get your car out of the towing lot; as above, you don't want it racking up daily charges.
    2. The towing lot will likely force you to pay in cash. GET A RECEIPT. Do not leave without a receipt.
    3. Make a copy of that receipt and a copy of the lease renewal you received in lieu of the supposed towing notification.
    4. Bring those to the rental office and request they cut you a check on the spot for the full amount of the towing receipt. Remind them that you never received a notification of imminent towing, and neither did anyone else in the building.
    5. If/When they deny you reimbursement, declare your intention to deduct the full amount of the the towing fees from next month's rent, and that you'll be including a copy of the towing receipt and lease renewal for their records.
    6. If/When they continue to deny you reimbursement, inform them that it's in their best interest to settle this NOW, before you start adding on Small Claims Court fees.

    edit: I'm not even certain of the legality of step 5 above in MN, but the point isn't to actually short them rent, it's to make clear your intention to follow through to get your reimbursement for their screwup. If they continue jerking you around I'd proceed directly to small claims court.

    DivideByZero on
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    bowenbowen How you doin'? Registered User regular
    edited May 2011
    If they make a stink about deducting it from next month's rent, shrug and say, "Alright, then we'll settle this in court."

    Start finding new habitation post haste.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    YodaTunaYodaTuna Registered User regular
    edited May 2011
    Went and got the car today, saved the receipt for sure. I will be going down to speak to the building manager on Monday. My gf has already been in contact with an advocacy group who informed us that if our lease says nothing about car towing, the apartment can't legally tow the car under any circumstance even if they give notification. Our lease has nothing about parking or towing in it. They even suggested bringing the tow company to court if necessary (though, I'm not planning on it at this time). We'll see how Monday goes.

    YodaTuna on
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    HevachHevach Registered User regular
    edited May 2011
    By bringing the two company to court, I assume they mean sue them. If I'm misunderstanding, disregard this.

    At least around here, tow companies have a certain amount of protection if somebody hires them to tow a car they weren't authorized to, that person is liable, not the tow company. They're not protected against something really negligent, but in this case, the landlord does own the property. The tow company isn't in on the lease agreement, but it's pretty reasonable to assume a guy having a car removed from his own property is doing so on the up-and-up.

    Hevach on
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    bowenbowen How you doin'? Registered User regular
    edited May 2011
    :^: all things looking up for you Yoda. Most of the times in small claims court you can get the value of filing refunded in the judgement too.

    So the leasing office can be on the hook for "full amount + small claims filing fee." Something to consider.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    SatsumomoSatsumomo Rated PG! Registered User regular
    edited May 2011
    MichaelLC wrote: »
    May want to have cars checked by a mechanic - I understand towing (the dragging kind) is generally detrimental to cars, depending on if they hook it in front or back, and it's rear-wheel drive. Particularly since you can count on the management company to have used the cheapest tower.

    Hopefully I just watch too much Operation Repo and it's not that bad.

    You do know that Operation Repo is staged? The stories are based on real events, but everything else is dramatized and acted out (Poorly at that).

    Satsumomo on
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    MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    edited May 2011
    Satsumomo wrote: »
    MichaelLC wrote: »
    May want to have cars checked by a mechanic - I understand towing (the dragging kind) is generally detrimental to cars, depending on if they hook it in front or back, and it's rear-wheel drive. Particularly since you can count on the management company to have used the cheapest tower.

    Hopefully I just watch too much Operation Repo and it's not that bad.

    You do know that Operation Repo is staged? The stories are based on real events, but everything else is dramatized and acted out (Poorly at that).

    [Vader NOOO.jpg]

    I actually was never quite sure. If it was on a major network, then yeah, but figured TruTV might care more about ratings than lawsuits.

    MichaelLC on
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    Skoal CatSkoal Cat Registered User regular
    edited May 2011
    Most reality shows are very very staged. A friend of mine was hired to be the bullied kid on Bully Beatdown. He and the Bully met for the first time one the first day of shooting.

    Skoal Cat on
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    YodaTunaYodaTuna Registered User regular
    edited May 2011
    So, update:

    Went down to the office today to see the building manager. Explained to her what happened. She acknowledged that they failed to put signs up in the building, but refused to believe we didn't get notified. But she offered to pay half the fee. I tell her I would have to run it by my gf(because it was her car). I then told her that we would be taking further steps in necessary such as calling the management company and then to small claims court. I let her know that our lease said nothing about cars being towed.

    She pulled out another form we signed when we signed our lease two years ago specifically for parking. I got a copy of that and told her I would be in touch. Got back to my apartment. Read over the parking agreement which also didn't cover the situation at all. My gf was typing in the phone number of the management company when the apartment manager called back and offered to deduct the entire bill off my rent. Hooray!

    YodaTuna on
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    TNTrooperTNTrooper Registered User regular
    edited May 2011
    YodaTuna wrote: »
    apartment manager called back and offered to deduct the entire bill off my rent.

    Get that in writing so they can't claim you stiffed them after you move out.

    TNTrooper on
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    YodaTunaYodaTuna Registered User regular
    edited May 2011
    TNTrooper wrote: »
    YodaTuna wrote: »
    apartment manager called back and offered to deduct the entire bill off my rent.

    Get that in writing so they can't claim you stiffed them after you move out.

    Already taken care of it and paid the rent and gave them a copy of the receipt.

    YodaTuna on
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    TheOrangeTheOrange Registered User regular
    edited May 2011
    I love happy endings

    TheOrange on
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