My Car Has Been Towed From My Apartment Complex Parking Lot

[Dario]

I live in an apartment complex in Washington state. When I moved in, I registered my vehicle with the management office. This complex does not have assigned parking. There are lots as well as "street" parking on the side roads within the complex. Parking is on a first-come, first-served basis.

I discovered today that my car was towed by the apartment manager. There is a clause in the lease that says "vehicles without current registration... will be towed." My car does not have current licensing/tabs.

It was parked in one of the community parking lots. According to the towing company, a call was placed on October 29th to have it towed. I needed some things from my car on the 29th and did not notice any signs or warnings on it that it was about to be towed. There are no signs posted at the parking lot entrance as to what towing company they use or the phone number or hours. It took half the day just to find someone in the management office who had the phone number of the towing company.

If I were to take this issue to small claims court, would I have any standing? I was unaware of the clause in the lease regarding having "current licensing", but is the apartment management required to notify me or at least post a warning that my vehicle's in danger of impoundment?

Thanks for your help

Eric

Mercer Island, WA

[Sabino]

Washington state law requires signs to be posted at the entrances to the complex with specific information on them. The current license issue is one where you will lose but you might win on the sign law issue(but remember that sometimes they get damaged or destroyed)

Here is the law as I have it in my reference source for Washington, and remember that some Cities do also have laws which are additional concerns..

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REVISED CODE OF WASHINGTON RCW 46.55.070

Posting requirements -- Exception.

(1) No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in a public parking facility for less than twenty-four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates:

(a) The times a vehicle may be impounded as an unauthorized vehicle; and

(b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed.

(2) The requirements of subsection(1) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehicle impounded immediately upon giving written authorization.

(3) The department shall adopt rules(See WAC 308-61-145) relating to the size of the sign required by subsection(1) of this section, its lettering, placement, and the number required.

(4) This section applies to all new signs erected after July 1, 1986. All other signs must meet these requirements by July 1, 1989. [1987 c 311 § 4; 1985 c 377 § 7.]

WASHINGTON ADMINISTRATIVE CODE WAC 308-61-145

Specifications and posting of signs

(1) Signs shall measure at least 15" by 24" and the lettering thereon shall be clearly visible to all who park.

(2) Signs for publicly owned or controlled parking facilities need to disclose that unauthorized vehicles will be impounded and must also disclose a phone number for redeeming a vehicle. If a registered tow truck operator is used, the signs shall meet the same requirements as in the posting of private nonresidential property. [Statutory Authority: Chapter 46.55 RCW. 86-03-011(Order DLR-088), § 308-61-145, filed 1/6/86.]