Snow removal tow - Legal?

Is it legal to tow a properly stickered car from an apartment parking lot during or after a snowstorm without notifying the owner of the car? During an earlier (three days prior) snowstorm the car owner was called and asked to move the vehicle and complied. During this particular event, no call was placed and the car was towed. The lease states that the renter must comply with leasor's parking rules. Non are present in the lease. One day prior to the event in question, a document was taped to the apartment door stating that in the event of snow that requires plowing, the plow driver will honk his horn and the renter must immediately come out and move the vehicle. In this instance the renter was not home due to icy roads and was not able to get home. please help.

[OHlandlord]

Your lease states that you must follow the parking lot rules. They don't have to be attached to the lease. (Are pool rules or elevator rules attached to the lease?) They could be posted in the parking lot, on a sign in the office or common area, or given to you seperately at lease signing. Did you ask what the rules were or where you could find them since you knew you had to follow them? How long have you lived in this apartment complex? How many months have you had to find out what the rules were?

On the previous occasion, they called each individual tenant to move his/her car?!?!? Too tedious. That could take hours to get hold of each tenant. Would you expect the city to try to call each car owner of vehicles on the street (snow route) that needs plowed? They just tow them immediately if they are there when the plow comes. Do they care if you couldn't get home because of icy roads?

Additionally, prior to this snowfall, you were notified that you would have to move your vehicle if the lot needed plowing. (So you were given the rule for the lot.) When the snow fell and the lot needed plowed, you did not move the vehicle. Why is unimportant. You could have given keys to a trusted neighbor, relative, or friend to move your car for you if you could not get back to it.

This happens in large cities all the time. The rules say you need to move the car for the plow. The car doesn't get moved and it gets towed. And if this was the storm that happened just last week, you should have known about its coming. It was forecasted for days ahead of time. You were warned of the storm's approach if you saw any TV at all, you were warned by notice on the door that it would be towed if not moved. Sorry, but this is exactly what your lease, the parking lot rules, and the notice placed on your door said would happen. Not much I can help you with.

WOW! I guess I touched a nerve! Your response implies you know for certain that the rules are posted. I never stated they were. They are not! Anywhere! No timeframe for moving the vehicle was established. Only an unreasonable request that when the plow driver honks his horn to come out and move the vehicle. Maybe you think that is reasonable. If that is the case, I am thankful the world is not filled with your type that have no understanding of what reasonable is. I understand the need and don't need a lecture from someone that doesn't have the requisite knowledge to give one. I was, and am still, hoping to get an unemotional response from someone that sticks to the facts. Thanks for taking the time to respond, but in the future, keep your emotional Landlord perspective to yourself.

[OHlandlord]

It looks like its me that touched a nerve in you! Actually, my state doesn't require any snow plowing or shovelling, so I don't inconvenience my tenants with this at all. My state law says that snowfall is an act of God and I'm not responsible for it. So there is no emotional involvement on my side. This is a non-issue here.

You were informed at lease signing that you would be subject to the parking lot rules, and were again notified in writing (posted on your door) prior to the last storm that you would have to move your vehicle when the plow driver came to plow. (A reasonable person would assume the plow driver would come after it stopped snowing.) "The lease states that the renter must comply with leasor's parking rules." Didn't you read your lease and wonder what these "other rules" were that you were supposed to follow? (Failure to follow them would have been a violation of your lease.) You had plenty of time to find out what the rules are, even if they are kept on file in the office for you to view. It would have been a simple thing to ask management for a copy at lease signing, or to ask where they were listed for you to read. Further, you were called at the last storm and told to move your vehicle so they could plow. That is reasonable notice. You knew, or should have known, that the vehicle would have to be moved for the plow driver. Ignorance of the rules (or the law) is no excuse. You were notified by phone and in writing of this.

Now that your car was towed, you are looking for a way out to justify your sense of injustice. I'm sorry for your inconvenience. But you should have known what would happen. Perhaps next time you will pay closer attention to your lease clauses and the notices posted on your door.

If you wish to fight this with the management, I suggest you send them a nice letter telling them you were not properly notified of this rule and that you were unable (because of the weather conditions) to get back to the apartment in time to move the vehicle. Perhaps they will waive any towing fee for you. Send the letter to them by certified mail, return receipt requested and ask for a reply within 10 days. Keep a copy for yourself. What outcome do you hope for in the resolution of this issue? Good luck.

yes reasonableness and discussion usually helps these issues resolve themselves, would agree