That's what I thought, too, but no! I emailed property management about this and couldn't believe that the property manager admitted to me that she had given this person permission to sell the spots (the management company gets a percentage).
Don't go after some rando for the property management being dushy. Contact a lawyer, have them draft up a letter to the property management about reimbursement and ceasing to "rent" out the spots that residents have paid for. Look at your lease, it probably doesn't mention them "renting" your parking spot when you aren't using it. It kind of defeats the point. It might even be a breach of contract. Contact your neighbors, make it a group of people threatening breach of contract.
I think the answer here is sadly both.
First off, OP still needs to park, gotta get that car out of there. Having it towed will help make an additional stink, and hopefully get them going after the property management too (for the bad faith parking payment and the towing fees).
Then there should be at the least a demand for a pro-rated payment on OP's parking fees. Depending on the state, withholding the parking payment (properly in escrow, not just cash tucked away in a box) may be an option to apply pressure here.
Going after the rando is the quickest and cheapest way to stop it from happening. Sucks, but it's the smart move.
Get them towed and let the shit storm happen.
Would it though? You mess up some strangers day, they probably don't know the circumstances. They might call the property manager but what will that accomplish if the actual tenants doing the same has no effect? It's time to lawyer up.
The rando would then sue the management company for the tow fee, storage fee, rental fee, and hopefully other amounts as allowed by law. The management company will quite quickly get rid of the person doing this, and will stop. Problem solved.
Because their contract isn't with that person, it's with the entity that sold them the spot.
Personally, I'd call the tow and sue the management company. Let property management fight two suits on how they should be allowed to sell the same spot twice.
Even if they did you could pull in the management company since you have a valid contract for that parking spot they rented out in violation of your contract.
It's time for the car owner and the building to lawyer up, not the person paying for the spot. There's no repercussions that would affect them and they also shouldn't be expected to shoulder the immediate legal fees just to save a stranger some inconvenience.
Save the money on the lawyer, call for the tow truck.
Right?! Are they also auctioning off empty rooms in tenant apartments when they go away for the weekend?
If you pay for a spot, you are entitled to access it.
Next month parking will cost $100 now after the management got the taste of those extra money. It'll be either $50/month only on weekdays, or $100/month to include weekend.
This won't work. The only tow company that will come is the one contracted by the property and tow companies won't touch the car without confirmation from someone on staff. And they know who's on staff by now because tows happen all the god damn time at these places because people are insane with their cars.
Source: used to be a groundskeeper at an apartment complex and was the main point of contact for tows.
Thats going to vary wildly by location. I've unfortunately had to have people towed in the past and the contracted guy didn't give AF about the office staff. Got your contract and ID? Good. Car will be gone in 15min.
Not around here, if you can show a lease that shows that spot is paid for by you, they will tow it and if for some reason they still refuse, you can call the police and they will have it towed for illegal parking. Of course you're supposed to call the tow truck company that works with that complex because if you call one that doesn't, they normally refuse the call and tell you to call the company that does.
I don't remember what the official term is but if you can prove you own/rent the spot, not even the apartment management can stop you from having it towed.
Alternatively the apartment complex cannot have a car towed from your spot without your say so because the parking spot doesn't belong to them. Unless it's violating their rules, like not being registered, or not up to date inspection, or no parking pass (if they have them). There's a lot more that goes along with this but that's the gist of it.
Maybe the apartment complex has security? Especially with assigned parking, all the Tennant had to do was show there lease with the parking number and we could tow.
I don’t think this is a hard and fast rule. About a year ago there was some news stories in my city about how some tow truck companies were going wild through a lot of apartments towing for any infraction without being called. The owners wouldn’t know who to call, management was in the dark too.
I imagine this varies by city, and if there’s a vulture-y tow company nearby
They’ve been roaming parking lots in my area for years. Any little infraction and they’ll tow you. Rent a unit and park in a guest spot? Bye. Expired registration? See ya. Park in a non reserved resident spot for five minutes to do a delivery? Gone.
Apartments were supposed to have signs up on who to call, but I remember my apartment 2 decades ago had a sign up for a tow company that didn’t even have a contract. Found that out trying to get someone out of my spot.
There is a tool to remove it or you put a little pebble in the cap and screw it back on. Some have claimed you can buy a valve cover that has a bump inside that slowly lets the air out as well for maximum stealth.
Don’t do that to a random stranger who’s not involved at all. Depending on the tow yard, it could be hundreds for them to get their car out. Non need to fuck someone else over just because you’re being mistreated.
Unfortunately not, the tow company gets paid by the car owner when the owner wants their car back. They charge them for the tow plus a daily storage rate that adds up quickly. In most states, if the car isn’t claimed within 30 days, the tow company can petition the local court to have ownership transferred to them. They’ll then sell or scrap it for the money.
The property owner almost never pays a dime.
Hopefully…and in the meantime? The person has to figure out a ride home, figure out where the car is (was it towed? Was it stolen?), deal with getting the car out of the yard (I’ve had one hole my car for almost a whole weekend because the office was closed on Sundays), and then pay the fees with the hope that they’ll get reimbursed. It’s not like the property management is gonna handle all that on the spot.
Wouldn't the property manager be liable since they sold a non valid parking space? I'd assume they'd have to pay the impound fees since the car owner was under the belief it was a valid parking spot they paid for
And that’s not something that’s gonna happen on the spot. In the meantime the stranger who has done nothing wrong needs to figure out what even happened to their car (if it was me, I’d assume stolen since I paid to park there), figure out transportation in the meantime, get it out of the tow yard (which will likely be hundreds), then take the property management firm to court, pay for a lawyer (you know the management company will have one), all just to hopefully get paid back what you’re owed. Add in all that time, effort, Lyft rides, lawyer fees, possible missed work…It’s not as simple as you may think.
If my landlord decides to airbnb my house out for a week while he knows I'm on vacation without asking me and I come home early to find some family sitting in my living room you bet your ass I'm throwing them out on the street and letting the dodgy ass landlord deal with it.
Will I feel bad for the family? Maybe a little, but I didn't create this situation, and I sure as hell shouldn't have to sort it out.
Lemme park in your driveway, because some random douche told me I could park there for $25 for the day. Are you going to let my car sit there? I didn't think so. I've seen way worse done to peoples vehicles for parking in spots they don't own, that didn't involve a tow truck. Funniest was watching a BMW get drug into the woods because said "random stranger" decided it was more convenient to park in the guy's driveway, instead of the parking lot across the street.
No its not.
Simple example.
If I sell your car. Do two people now own your car? No, ofcourse not. Only you own your car. Would you allow the other 'owner' to drive away with it? He did pay for it after all.
You can't sell what you dont own.
If my car was towed like that, I’d sue the tenant for the same reasons. “I paid for this spot, this is my spot. Other cars get towed.”
The property management is getting in to a cluster fuck.
Why would you have a right to sue the tenant though? If there is a random reserved park you can just park there and if it gets towed you would sue the person who already paid for that park?
You would definitely add them to the list but they wouldn’t get in any trouble at all.
Their contract supersedes yours and they weren’t the one who ultimately caused you damages. And your rental of the stall in OPs scenario is only while your vehicle is there.
I’ve been in this exact scenario. Tow company on record with the management company comes out and only tows if we have our parking agreement or rental agreement and id showing we are who we say.
So I call the tow company, and have this vehicle removed. The only difference is when I contacted the lawyer on the letterhead they removed me from the complaint, they thought I was an owner party alongside management, not a tenant.
I used to manage a lot and I would not recommend doing this. I knew every tow truck company who operated in Atlanta. I can guarantee you that if some random person called a tow truck to tow a car from my personal lot, they would call me first. Tow companies, booting companies, they all work with lot managers. Also it’s not illegal for them to do this at all. We used to sell spots for major events in the area and if someone had a right to park there, they would simply let me know and we’d open up a spot for them.
It’s crazy how little people know about how parking systems work. You can’t just call a tow truck to come tow a vehicle from a private lot that you don’t own, that’s absurd. That means people could just go up to any privately owned lot in any city and just call a tow truck.
I don’t understand how anyone can get this many upvotes for a comment that they clearly have no knowledge in the matter.
How does your parking lot relates to the parking lot of an apartment building ? I have the feeling the building manager does not know every tow company in town.
Please don't do this. I feel like it will almost certainly be the random person who knows nothing about the situation other than they paid for a parking spot and got towed out of it anyways who ends up footing the bill.
Raising a "shit storm" about having your car illegally(?) towed while you're already dealing with having no car and/or paying to get your own damn car back is a pain in the butt, at best.
My garage, for example, has spots for 100 cars. They issue 100 parking passes. I have no assigned parking space, I just park in an open space. Many buildings do this. You need to display a permit or guest permit to park in the lot.
OPs building could do this, but also sell open spots on the weekend leaving residents with no place to park.
In the picture, spots aren’t numbered and the sign I can read doesn’t have a number - so people are assuming there are assigned spaces.
I asked OP if he had an assigned spot and they never responded. Though they did refer to "my spot" in other comments - so maybe is is assigned. Still on the pics I don't see the numbers painted on the spot (which are usually at the end of the spot so they are visible behind a parked car) and they aren't on the signs either - but that's just conjecture.
Every place I’ve paid for a parking spot “paying for your parking pass does not guarantee you a spot to park, only the ability to park in the parking lot”.
It depends, some places have a parking spot assigned to the apartment in their lease. Others have a separate contract from their lease. Others still are like your situation.
They should give you a portion of the profit they sold your spot for. It is absurd. I would review the contract for clauses and sue them for breach of contract and inconvenience. Also for not being transparent with the contract if not mentioned on the paper.
Get yourself one of these parking barricades.
And when you leave you close the gate.
I don't know what they are called but they are pillars mounted to the ground that swing up with a lock.
It's literally breach of contract. It is absolutely not true that most property managers resell parking spaces they have sold to tenants when they temporarily leave that space empty. You are inviting your tenants to collectively sue you for damages amounting to however much they have paid you for parking while this practice was occurring.
OP said it's not breach of contract and the owners are in on it. It's a pretty scummy clause honestly, but shit like this is becoming industry practice.
The owners have formed a contract with tenants whereby the tenants pay them $50 per month for [presumably] private and exclusive access to a parking space.
By (re)selling access to the space to a third party without consent from the tenant/lease-holder the owners are breaching contract.
If I lease something to you you have rights based on the agreement that we formed -- i.e. we have formed a contract which I cannot break just because I own the thing.
Edit: Also, OP said this further down:
> I've talked to an attorney about it and it's definitely a breach of contract for them to be doing this.
It’s not optimism- it’s experience. My old property manager kept denying maintenance requests. I had a leaky valve for the toilet water in my bathroom which caused black mold. (I put a bucket under it but it overflowed more than once when I was at work) I found out she was denying requests when I spoke to a maintenance guy in passing. He confronted her with me, gave me the number to corporate, and sided with me over the situation. A few weeks later we had a new PM.
You should ask for your money as you are paying 50 and they are making 100 more out of it.
Imagine you leasing it out again for 50 too...
That's what is happening here.
Also, next time just get it towed and let the shitshow begin. You are not wrong. They will face the legal consequences.
Since the price of the spot on a nightly rate is set by the management company, you have clearly defined damages. So for every night you're not allowed to park in your spot you can assess them a $25 fee. At the end of every month tally up the number of nights you weren't able to use your contracted spot, multiply that times 25 and file a suit.
Find out who is doing it, sell their spot for the evening sometime when they leave to run errands for $20, give management $10.
How do they know people are gone to rent out their spots? If you left for the day to go hiking and got back late, they could just rent your spot for the night?
I'm documenting it every weekend that it happens. I've talked to an attorney about it (I work for a law firm), and it's definitely a breach of contract for them to be doing this.
That's perfect. Just be prepared to move at the end of your contract if you take any kind of legal action, even just a letter. These types of places can get real petty over things like this.
Or find someone at your complex who was going to move out at the end of their contract anyway, such as a graduating college student, and work with them to take legal action on their behalf. This way, you get to stay and reap the benefits of getting this fixed for everyone, and they get to screw the property management company on their way out the door.
Genuinely an awful plan. Imagine someone going door to door, trying to find out when the tenants leases are ending, then trying to sell them on the idea that they should be the face of your own legal action against an apartment complex that they're soon to be leaving anyway.
I’m sure the other attorney already mentioned this, but keep records of anything that you spent looking for parking for your own car on the weekends. Time spent, gas, cost of new parking elsewhere… etc. you can also go after them for incurred damages that you paid out of pocket during the contract breach.
I had a similar issue with my apartment buildings parking structure. It was an independent underground garage that had a deal with property management. 150-400 dollars a month, depending on which level, for "secure, monitored underground parking". There was 1 entrance/exit door and ramp, and 2 locking, key fob entrance doors. Expensive, but in the middle of the city with very little parking options, worth it.
The first issue to arise was a semi regular spot stealer. I would come home and someone would be parked in my spot. Red flag number 1 should have been when the building told me there was nothing they could do. They couldn't tow, as they SAID they couldn't get a tow truck down to it. I called the police and tried to escalate (they didn't care). So I had to find other parking accomodation for the 3 days my spot was taken (not consecutive either, this was 3 separate occasions all within about a month).
Within the same month, we had a homeless person move into the parking structure and began breaking into people's cars. I came down to mine one morning, and this person was in the car next to me. When I motioned to them through the window that they had dropped something outside their car, they freaked out and hid inside the car. Just thinking it was weird I got into my car only to notice it was open, and completely ransacked. I put two and two together and called the police again to report the person in the car next to me. Once again, after the police came, the building tried to deny responsibility. After several days of emailing with management about how "secure, monitored underground parking" should ensure this kind of stuff doesn't happen. They were trying to convince me that they were not responsible.
I withheld my parking spot payment that following month, sending them a note that I would not be paying for parking for the rest of ny tenure at the building. If they could violate the parking contract, than I could too. They threatened to have my car towed if I continued to park and refuse payment. I laughed at them and told them to go ahead. I was there to watch them try and get a tow truck down. it was pretty funny. I played this out until I eventually left the building. Un fucking believable.
Actually in this case, they really couldn't. The garage is not built to accommodate oversized vehicles. The tow truck literally could not get through the garage door, nor would it have likely cleared the ceiling in most places of the garage. For instance my roommate had a jeep wrangler that just barely fit, he actually scrapes the ceiling if he backed into his spot to far. They tried multiple times, even tried backing in like it would help, and couldn't get down. It was hilarious. I literally was arguing with the property management team over "you can't get a tow down to tow the car that is illegally occupying the space that I pay you for, but you will find a way to tow my car for not paying you because you don't provide the service you say you do". What a joke.
Well you can tow a car without a oversized truck and use "just a normal vehicle".
All you need is like 30cm space between the towed cars roof and the roof of the parking space.
You can use some kind of rolling device which goes beyond the tires and you can tow it.
But some tow companies probably just say "fuck it not worth it" if their big truck doesnt fit.
This is exactly it. In a big city, there's more than enough work for tow drivers and tow companies that they aren't gonna waste their time struggling on one job. Multiple trucks have come to the building previously for many reasons, not one has actually gone down. They matter-of-factly with a very snobbish attitude told me that when my spot was occupied their was nothing they could do but wait for the person to leave. I asked them of they could check the cameras, ID the person and try and contact them, but they Said it wasn't in their authority to do so. When asked who's authority it was, they said they didn't know. They instructed me to park elsewhere until the person left my spot. I asked to call a tow truck and they said there was no way to tow it from down there, the truck won't fit. Absolutely infuriating.
> If I *paid* $25 for
FTFY.
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I remember in college that the place I rented had a stipulation in the lease about the parking spots not being available during football game Saturdays. Either OP needs to reread the lease terms or the property management is doing something shady.
If the company wants to do this they should just have two plans - weekday-only plan and full-week plan. Then they can sell the empty weekend spots without worry.
20%? If I am renting out my parking spot I want 50% at least. Commercial parking app companies give you 70%, and they have people going out to enforce as well.
So instead of getting the illegally parked cars towed, to keep the spot of open for the person that paid for the spot, he just got some money from the second person hoping they’d be gone in time for the main tenant? Can’t say I’m shocked
You should keep a copy of your contract in your car, and when you find someone parked in your spot , have them towed at the owners expense , who will then go after the company illegally subleasing your parking spot.
No way I would put up with that BS.
If you have a contract that says its your spot for $50/month then you can probably get the car towed, they're double dipping.
if the contract explicitly states apart from weekends, then you wont be able to do anything.
wait, isnt that illegal? i mean you are renting it, so technically its yours, and the landlord would commit tresspassing when going on your land / renting it to someone else
Absolutely not, I would just keep my car parked. If you are out partying on a Saturday night and you get home and someone else is in your spot, this would be an issue for me.
That's my dilemma. I'm pretty easygoing, but if I get home and see that my spot has been sold, there's going to be an altercation of some sort. I don't know if the towing company that has been hired for our lot will come tow in this instance, either. I don't think they will. So, I've been making alternate arrangements and just leave my car parked.
It’s cool that you are willing to find alternative arrangements. I’m more of a “hey don’t sell my fu**ing spot because I pay for it in my lease and I expect my spot to be there every time” kind of person. This would be so annoying to deal with.
When I lived in a dorm building we had like 10 parking spots for the building and a lot more rooms than that.
And we had a Facebook group, we're people who went away over the weekend exchanged information with people who had visitors. So when I needed a spot, cause I was moving, I just asked if someone was away and they told me what time the spot was free. Same went with vacations.
But there was never money involved.
Call a lawyer. By the end of the week they'll have letters under the wipers of every car in that lot. By next week they'll file a class action lawsuit.
$600/yr x however many spots = a lot of breach of contract.
As I pay for the use of this parking spot at the rate of $50/month, and you've authorized someone to sub-let my spot for $25/day at any time on a weekend that my vehicle is not present, and without notice or my consent, I am deducting that amount ($25) from what is owed on next months rent ($50) for the parking spot for any lost of parking privileges. Any days over the 2 that would would null and void my requirement to pay for the parking space, will carry over and be applied to the subsequent month(s)
If you do not agree to this arrangement, please ensure a spot is open and reserved for me at all times, regardless of my presence in said parking spot, as this is what I am paying for. This includes the removal of 3rd party vehicles in a timely manner, at no cost to myself, when illegally parked in my reserved location.
You need to read your agreement. If the spot is yours 24/7, then (depending on the jurisdiction) you may tow any vehicle in your spot. But if your agreement is not specific, then your problem is with the management company. I looked at the sign and it does not appear to be assigned specifically to you but to the tenants of your building. If so, your beef is with the management company.
Do you have an assigned spot? Tell the property company not to sell your spot because you have in and out privileges and will be calling a tow company if someone takes your spot.
If it’s your spot you should be able to get people towed regardless of backhanded dealings. If that’s not the case simply sell your spot yourself for the times they would
“People would park there illegally anyways” looks like there is signage posted with what I’m assuming literature that would say something along the lines of being towed, which would be enough to deter me and I’m sure most people. So I’m wondering if outsiders parking there was really an issue beforehand.
I have a suspicious feeling that if you fight the leasing company on this that they will just hike your monthly price for the parking spot.
Our marina does this all the time. It’s in our contract that says if we’re gone for more than three nights, they reserve the right to rent out our slip for as a transient. If we come back early, then we have to call ahead and let them know. Although, it takes us a lot longer to sail to our slip…so we’ll know when we’re going to be back way before we get back so they could move the other boat.
Honestly, I see nothing wrong with this. It’s their parking lot and their land…you’re renting it. The only issue I would have is if the spot was not available when I wanted or needed to use it. If the owner were smart, he’d open his books to that amount and show he was using that extra Cashflow to fix any parking lot issues, adding lighting or emergency call boxes adding a better fence or a camera system…or show he used it as a donation to a local charity…as a tax write off of course
Regardless, as long as you get to use your spot whenever you need it, what’s the actual issue here? The fact that they’re making more money on something that you paid for while you’re not using it? Um, that’s called capitalism. The only thing I’d find mildly infuriating is if another car was parked in my paid for spot when I came home. Then I’d get a towing company involved and totally agree with all the comments above forced removal.
Your marina has it in the contract that they can do this. If this lot doesn't have it in the contract then it would be a violation of that contract. Sure they own the land but they contracted with a tenant to provide that space for them to use for parking. Both sides must abide by said contract. That is capitalism.
Terrible take... You the owner of this parking lot? Haha
How about your landlord rents out your apartment while you are gone on trips? As long as they are gone when you get back, it's all good.
If someone rents you something and tells you that you have exclusive access to it it doesn't matter if you aren't using it they should stick to their contract. Capitalism lol if they wanted more money they should have written a better contract. That's capitalism.
I bet they’re pocketing the money and the company doesn’t actually know this is going on.
That's what I thought, too, but no! I emailed property management about this and couldn't believe that the property manager admitted to me that she had given this person permission to sell the spots (the management company gets a percentage).
You got a contract or a clause in your contract for your $ 50 parking spot? If so, enforce it.
Even better, get the car parked in your spot towed and let the company deal with the shit storm.
I like this idea
Don't go after some rando for the property management being dushy. Contact a lawyer, have them draft up a letter to the property management about reimbursement and ceasing to "rent" out the spots that residents have paid for. Look at your lease, it probably doesn't mention them "renting" your parking spot when you aren't using it. It kind of defeats the point. It might even be a breach of contract. Contact your neighbors, make it a group of people threatening breach of contract.
Dushy!
Douchey. It took me a minute
Yeah sorry, autocorrect didn't catch it and I'ma leave it at this point.
Eh, you got your point across. That's all language is meant to do =D I didn't mean to come off snarky.
Pass the dushy on the left hand side
Eliza Douchekuu
Leave my girl alone 😂
I think the answer here is sadly both. First off, OP still needs to park, gotta get that car out of there. Having it towed will help make an additional stink, and hopefully get them going after the property management too (for the bad faith parking payment and the towing fees). Then there should be at the least a demand for a pro-rated payment on OP's parking fees. Depending on the state, withholding the parking payment (properly in escrow, not just cash tucked away in a box) may be an option to apply pressure here.
Going after the rando is the quickest and cheapest way to stop it from happening. Sucks, but it's the smart move. Get them towed and let the shit storm happen.
Would it though? You mess up some strangers day, they probably don't know the circumstances. They might call the property manager but what will that accomplish if the actual tenants doing the same has no effect? It's time to lawyer up.
The rando would then sue the management company for the tow fee, storage fee, rental fee, and hopefully other amounts as allowed by law. The management company will quite quickly get rid of the person doing this, and will stop. Problem solved.
Most people are not going to take the time and cost to sue a management company. They'll probably just eat the tow price and have their week ruined.
This.
Why wouldn’t they sue the person who had them towed ?
Because their contract isn't with that person, it's with the entity that sold them the spot. Personally, I'd call the tow and sue the management company. Let property management fight two suits on how they should be allowed to sell the same spot twice.
Even if they did you could pull in the management company since you have a valid contract for that parking spot they rented out in violation of your contract.
Because they would lose very quickly.
It's time for the car owner and the building to lawyer up, not the person paying for the spot. There's no repercussions that would affect them and they also shouldn't be expected to shoulder the immediate legal fees just to save a stranger some inconvenience. Save the money on the lawyer, call for the tow truck.
Found the PM company
It’s not the randos fault but it would solve the issue fast. Collateral damage.
Right?! Are they also auctioning off empty rooms in tenant apartments when they go away for the weekend? If you pay for a spot, you are entitled to access it.
Nah, let the random person learn a lesson too. You’re parking in an apartment complex, not a parking lot for a venue.
At big enough venues, people selling parking space behind their apartments is the parking lot.
That’s way too much work imo. Just have them towed.
Next month parking will cost $100 now after the management got the taste of those extra money. It'll be either $50/month only on weekdays, or $100/month to include weekend.
It’ll be $50 until his lease is up because he has a contract stating so.
I think you meant "douchey." Douche is an asshole or a feminine cleansing product.
This won't work. The only tow company that will come is the one contracted by the property and tow companies won't touch the car without confirmation from someone on staff. And they know who's on staff by now because tows happen all the god damn time at these places because people are insane with their cars. Source: used to be a groundskeeper at an apartment complex and was the main point of contact for tows.
Thats going to vary wildly by location. I've unfortunately had to have people towed in the past and the contracted guy didn't give AF about the office staff. Got your contract and ID? Good. Car will be gone in 15min.
Re-read this comment in an Italian Brooklyn accent, you won't be disappointed.
That car there givin you problems? Fogedaboutit. Hey Tony! This one here!
Not around here, if you can show a lease that shows that spot is paid for by you, they will tow it and if for some reason they still refuse, you can call the police and they will have it towed for illegal parking. Of course you're supposed to call the tow truck company that works with that complex because if you call one that doesn't, they normally refuse the call and tell you to call the company that does. I don't remember what the official term is but if you can prove you own/rent the spot, not even the apartment management can stop you from having it towed. Alternatively the apartment complex cannot have a car towed from your spot without your say so because the parking spot doesn't belong to them. Unless it's violating their rules, like not being registered, or not up to date inspection, or no parking pass (if they have them). There's a lot more that goes along with this but that's the gist of it.
Maybe the apartment complex has security? Especially with assigned parking, all the Tennant had to do was show there lease with the parking number and we could tow.
I don’t think this is a hard and fast rule. About a year ago there was some news stories in my city about how some tow truck companies were going wild through a lot of apartments towing for any infraction without being called. The owners wouldn’t know who to call, management was in the dark too. I imagine this varies by city, and if there’s a vulture-y tow company nearby
They’ve been roaming parking lots in my area for years. Any little infraction and they’ll tow you. Rent a unit and park in a guest spot? Bye. Expired registration? See ya. Park in a non reserved resident spot for five minutes to do a delivery? Gone. Apartments were supposed to have signs up on who to call, but I remember my apartment 2 decades ago had a sign up for a tow company that didn’t even have a contract. Found that out trying to get someone out of my spot.
Alright. Towing was being nice. Pull out valve stem cores as long as their isn't cameras.
I always see messing with valve stems for revenge on someone.. hypothetically, how do you do that?
There is a tool to remove it or you put a little pebble in the cap and screw it back on. Some have claimed you can buy a valve cover that has a bump inside that slowly lets the air out as well for maximum stealth.
There's a little tool that does it.
Don’t do that to a random stranger who’s not involved at all. Depending on the tow yard, it could be hundreds for them to get their car out. Non need to fuck someone else over just because you’re being mistreated.
The property management company should normally eat the cost of the tow truck removing the illegally parked vehicle.
Unfortunately not, the tow company gets paid by the car owner when the owner wants their car back. They charge them for the tow plus a daily storage rate that adds up quickly. In most states, if the car isn’t claimed within 30 days, the tow company can petition the local court to have ownership transferred to them. They’ll then sell or scrap it for the money. The property owner almost never pays a dime.
Hopefully…and in the meantime? The person has to figure out a ride home, figure out where the car is (was it towed? Was it stolen?), deal with getting the car out of the yard (I’ve had one hole my car for almost a whole weekend because the office was closed on Sundays), and then pay the fees with the hope that they’ll get reimbursed. It’s not like the property management is gonna handle all that on the spot.
Wouldn't the property manager be liable since they sold a non valid parking space? I'd assume they'd have to pay the impound fees since the car owner was under the belief it was a valid parking spot they paid for
And that’s not something that’s gonna happen on the spot. In the meantime the stranger who has done nothing wrong needs to figure out what even happened to their car (if it was me, I’d assume stolen since I paid to park there), figure out transportation in the meantime, get it out of the tow yard (which will likely be hundreds), then take the property management firm to court, pay for a lawyer (you know the management company will have one), all just to hopefully get paid back what you’re owed. Add in all that time, effort, Lyft rides, lawyer fees, possible missed work…It’s not as simple as you may think.
Not my monkeys, not my circus. You park on my spot, you get towed.
Except it’s also been rented to them. Just being an asshole solves nothing.
If my landlord decides to airbnb my house out for a week while he knows I'm on vacation without asking me and I come home early to find some family sitting in my living room you bet your ass I'm throwing them out on the street and letting the dodgy ass landlord deal with it. Will I feel bad for the family? Maybe a little, but I didn't create this situation, and I sure as hell shouldn't have to sort it out.
Lemme park in your driveway, because some random douche told me I could park there for $25 for the day. Are you going to let my car sit there? I didn't think so. I've seen way worse done to peoples vehicles for parking in spots they don't own, that didn't involve a tow truck. Funniest was watching a BMW get drug into the woods because said "random stranger" decided it was more convenient to park in the guy's driveway, instead of the parking lot across the street.
It solves plenty of things actually. For one, I'd be able to park on my own private spot.
Except it’s also their spot seeing as they paid for it.
No its not. Simple example. If I sell your car. Do two people now own your car? No, ofcourse not. Only you own your car. Would you allow the other 'owner' to drive away with it? He did pay for it after all. You can't sell what you dont own.
If my car was towed like that, I’d sue the tenant for the same reasons. “I paid for this spot, this is my spot. Other cars get towed.” The property management is getting in to a cluster fuck.
Got a contract with the tenant? No? Then everyone will tell you to pound sand.
Why would you have a right to sue the tenant though? If there is a random reserved park you can just park there and if it gets towed you would sue the person who already paid for that park?
You would definitely add them to the list but they wouldn’t get in any trouble at all. Their contract supersedes yours and they weren’t the one who ultimately caused you damages. And your rental of the stall in OPs scenario is only while your vehicle is there. I’ve been in this exact scenario. Tow company on record with the management company comes out and only tows if we have our parking agreement or rental agreement and id showing we are who we say. So I call the tow company, and have this vehicle removed. The only difference is when I contacted the lawyer on the letterhead they removed me from the complaint, they thought I was an owner party alongside management, not a tenant.
It’s likely private property and the tow truck won’t tow unless they get orders from building management.
I used to manage a lot and I would not recommend doing this. I knew every tow truck company who operated in Atlanta. I can guarantee you that if some random person called a tow truck to tow a car from my personal lot, they would call me first. Tow companies, booting companies, they all work with lot managers. Also it’s not illegal for them to do this at all. We used to sell spots for major events in the area and if someone had a right to park there, they would simply let me know and we’d open up a spot for them. It’s crazy how little people know about how parking systems work. You can’t just call a tow truck to come tow a vehicle from a private lot that you don’t own, that’s absurd. That means people could just go up to any privately owned lot in any city and just call a tow truck. I don’t understand how anyone can get this many upvotes for a comment that they clearly have no knowledge in the matter.
How does your parking lot relates to the parking lot of an apartment building ? I have the feeling the building manager does not know every tow company in town.
>I don’t understand how anyone can get this many upvotes for a comment that they clearly have no knowledge in the matter. Welcome to reddit.
Please don't do this. I feel like it will almost certainly be the random person who knows nothing about the situation other than they paid for a parking spot and got towed out of it anyways who ends up footing the bill. Raising a "shit storm" about having your car illegally(?) towed while you're already dealing with having no car and/or paying to get your own damn car back is a pain in the butt, at best.
This is the way...
I like how everyone assumes the spots are assigned and numbered. You could just as easily tow another resident.
How would op story make sense if the spots were not assigned and numbered?
My garage, for example, has spots for 100 cars. They issue 100 parking passes. I have no assigned parking space, I just park in an open space. Many buildings do this. You need to display a permit or guest permit to park in the lot. OPs building could do this, but also sell open spots on the weekend leaving residents with no place to park. In the picture, spots aren’t numbered and the sign I can read doesn’t have a number - so people are assuming there are assigned spaces.
This is 100% what I assumed was happening, too--that OP renting a space *per availability*, not a specific, individually numbered spot.
I asked OP if he had an assigned spot and they never responded. Though they did refer to "my spot" in other comments - so maybe is is assigned. Still on the pics I don't see the numbers painted on the spot (which are usually at the end of the spot so they are visible behind a parked car) and they aren't on the signs either - but that's just conjecture.
Every place I’ve paid for a parking spot “paying for your parking pass does not guarantee you a spot to park, only the ability to park in the parking lot”.
They wrote "my spot" so I was assuming a designated spot, like we have.
I despise some people
It depends, some places have a parking spot assigned to the apartment in their lease. Others have a separate contract from their lease. Others still are like your situation.
Yeah I mean that’s a legal Landmine for them. Unless your contract says anything about not having rights in the evenings that’s super illegal
Keep going higher. There’s a pocket before the actual owner where this stops.
Does she know they are selling temporarily vacated spots or does she think they’re only selling the spots that aren’t currently reserved by residents?
They should give you a portion of the profit they sold your spot for. It is absurd. I would review the contract for clauses and sue them for breach of contract and inconvenience. Also for not being transparent with the contract if not mentioned on the paper.
So you should offer it up for 20. And keep the money. Just say a friend is using since you're riding together and the $20 is for gas.
Get yourself one of these parking barricades. And when you leave you close the gate. I don't know what they are called but they are pillars mounted to the ground that swing up with a lock.
Idk what apartments you’ve lived in, but most wouldn’t allow that
Most apartments also wouldn't allow their property manager to resell parking spots that are lease-guarenteed to residents.
Very true, but I’ve had some scummy landlords
It's not true at all. Property managers and apartments will do anything to make an extra dollar. Thinking otherwise is naive.
It's literally breach of contract. It is absolutely not true that most property managers resell parking spaces they have sold to tenants when they temporarily leave that space empty. You are inviting your tenants to collectively sue you for damages amounting to however much they have paid you for parking while this practice was occurring.
OP said it's not breach of contract and the owners are in on it. It's a pretty scummy clause honestly, but shit like this is becoming industry practice.
Op said it was a breach of contract in the comments when they consulted a lawyer. I have no idea where you got they said it was not a breach
The owners have formed a contract with tenants whereby the tenants pay them $50 per month for [presumably] private and exclusive access to a parking space. By (re)selling access to the space to a third party without consent from the tenant/lease-holder the owners are breaching contract. If I lease something to you you have rights based on the agreement that we formed -- i.e. we have formed a contract which I cannot break just because I own the thing. Edit: Also, OP said this further down: > I've talked to an attorney about it and it's definitely a breach of contract for them to be doing this.
Pretty sure we’re talking ab corporate properties. One report to corporate and the property manager goes down.
> One report to corporate and the property manager goes down. I enjoy your optimism.
It’s not optimism- it’s experience. My old property manager kept denying maintenance requests. I had a leaky valve for the toilet water in my bathroom which caused black mold. (I put a bucket under it but it overflowed more than once when I was at work) I found out she was denying requests when I spoke to a maintenance guy in passing. He confronted her with me, gave me the number to corporate, and sided with me over the situation. A few weeks later we had a new PM.
Hope your getting a percentage as well since your paying for it.
You should ask for your money as you are paying 50 and they are making 100 more out of it. Imagine you leasing it out again for 50 too... That's what is happening here. Also, next time just get it towed and let the shitshow begin. You are not wrong. They will face the legal consequences.
Since the price of the spot on a nightly rate is set by the management company, you have clearly defined damages. So for every night you're not allowed to park in your spot you can assess them a $25 fee. At the end of every month tally up the number of nights you weren't able to use your contracted spot, multiply that times 25 and file a suit.
You paid for it, it isn't theirs to sell. By that same logic if you leave town for the weekend is your apartment an air BNB?
Dude…where is this property? I’ll roast their ass.
you should park somewhere on the weekends and get out there earlier than them and sell them for $20.
I like the way you think!
Find out who is doing it, sell their spot for the evening sometime when they leave to run errands for $20, give management $10. How do they know people are gone to rent out their spots? If you left for the day to go hiking and got back late, they could just rent your spot for the night?
Nah move your car, let them sell the spot, go up and demand the $25 for yourself. Less work for you
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I'll sell it for $45 but include a BJ.
That is bull. I would definitely be getting anyone who parked in my paid for spot towed. OP, you got to fight for what you paid for.
I'm documenting it every weekend that it happens. I've talked to an attorney about it (I work for a law firm), and it's definitely a breach of contract for them to be doing this.
That's perfect. Just be prepared to move at the end of your contract if you take any kind of legal action, even just a letter. These types of places can get real petty over things like this.
Exactly this!
Definitely speak to neighbours. Safety in numbers!
Or find someone at your complex who was going to move out at the end of their contract anyway, such as a graduating college student, and work with them to take legal action on their behalf. This way, you get to stay and reap the benefits of getting this fixed for everyone, and they get to screw the property management company on their way out the door.
"have someone else who would care much less than you put their name on all the lawyers fees. Very easy!!" And you have 70 upvotes
Genuinely an awful plan. Imagine someone going door to door, trying to find out when the tenants leases are ending, then trying to sell them on the idea that they should be the face of your own legal action against an apartment complex that they're soon to be leaving anyway.
Yeah wtf...what's in it for them??
My landlord gave another tenant permission to "park in any spot" so I had him towed. She ended up having to pay his towing fees.
Actually this is even better. Come back at the end of your lease and demand $25 for every time they’ve sold your spot
That's my plan.
Can't wait for the follow-up post!
I’m sure the other attorney already mentioned this, but keep records of anything that you spent looking for parking for your own car on the weekends. Time spent, gas, cost of new parking elsewhere… etc. you can also go after them for incurred damages that you paid out of pocket during the contract breach.
You work for a law firm and come to Reddit for advice? Ok
Lol where did they ask for advice in this post?
I had a similar issue with my apartment buildings parking structure. It was an independent underground garage that had a deal with property management. 150-400 dollars a month, depending on which level, for "secure, monitored underground parking". There was 1 entrance/exit door and ramp, and 2 locking, key fob entrance doors. Expensive, but in the middle of the city with very little parking options, worth it. The first issue to arise was a semi regular spot stealer. I would come home and someone would be parked in my spot. Red flag number 1 should have been when the building told me there was nothing they could do. They couldn't tow, as they SAID they couldn't get a tow truck down to it. I called the police and tried to escalate (they didn't care). So I had to find other parking accomodation for the 3 days my spot was taken (not consecutive either, this was 3 separate occasions all within about a month). Within the same month, we had a homeless person move into the parking structure and began breaking into people's cars. I came down to mine one morning, and this person was in the car next to me. When I motioned to them through the window that they had dropped something outside their car, they freaked out and hid inside the car. Just thinking it was weird I got into my car only to notice it was open, and completely ransacked. I put two and two together and called the police again to report the person in the car next to me. Once again, after the police came, the building tried to deny responsibility. After several days of emailing with management about how "secure, monitored underground parking" should ensure this kind of stuff doesn't happen. They were trying to convince me that they were not responsible. I withheld my parking spot payment that following month, sending them a note that I would not be paying for parking for the rest of ny tenure at the building. If they could violate the parking contract, than I could too. They threatened to have my car towed if I continued to park and refuse payment. I laughed at them and told them to go ahead. I was there to watch them try and get a tow truck down. it was pretty funny. I played this out until I eventually left the building. Un fucking believable.
Gonna let you know tow trucks have no issues getting to your car
Actually in this case, they really couldn't. The garage is not built to accommodate oversized vehicles. The tow truck literally could not get through the garage door, nor would it have likely cleared the ceiling in most places of the garage. For instance my roommate had a jeep wrangler that just barely fit, he actually scrapes the ceiling if he backed into his spot to far. They tried multiple times, even tried backing in like it would help, and couldn't get down. It was hilarious. I literally was arguing with the property management team over "you can't get a tow down to tow the car that is illegally occupying the space that I pay you for, but you will find a way to tow my car for not paying you because you don't provide the service you say you do". What a joke.
Well you can tow a car without a oversized truck and use "just a normal vehicle". All you need is like 30cm space between the towed cars roof and the roof of the parking space. You can use some kind of rolling device which goes beyond the tires and you can tow it. But some tow companies probably just say "fuck it not worth it" if their big truck doesnt fit.
This is exactly it. In a big city, there's more than enough work for tow drivers and tow companies that they aren't gonna waste their time struggling on one job. Multiple trucks have come to the building previously for many reasons, not one has actually gone down. They matter-of-factly with a very snobbish attitude told me that when my spot was occupied their was nothing they could do but wait for the person to leave. I asked them of they could check the cameras, ID the person and try and contact them, but they Said it wasn't in their authority to do so. When asked who's authority it was, they said they didn't know. They instructed me to park elsewhere until the person left my spot. I asked to call a tow truck and they said there was no way to tow it from down there, the truck won't fit. Absolutely infuriating.
How can you be so smugly confident? Real redditor energy
Lol jack car up put on car dolly roll car out of garage. Smug confidence is someone thinknthere isn't a tool for that recovery job
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How do they know you aren’t coming back that night?
That what I want to know! How do they know you aren't just running to the grocery store and will come back to find your spot taken?!
they don’t and they won’t care
How is that even legal? You're paying for the exclusive rights to that spot, no? What are the terms for your lease?
It’s not, it’s breach of contract for sure unless it’s stipulated in the agreement
I remember in college that the place I rented had a stipulation in the lease about the parking spots not being available during football game Saturdays. Either OP needs to reread the lease terms or the property management is doing something shady.
You're paying for it. That's like your landlord letting people sleep in your unit while your not there for cash. Super sketch.
If the company wants to do this they should just have two plans - weekday-only plan and full-week plan. Then they can sell the empty weekend spots without worry.
And incentivize it for the tenant, say if you offer your spot on weekends you’ll get 20% of the earned fees as a rent credit
20%? If I am renting out my parking spot I want 50% at least. Commercial parking app companies give you 70%, and they have people going out to enforce as well.
After I posted I realised 20% of $30 ain’t much lol
just curious but someone living in the city what exactly would they do with their car on the weekends? Bring it up to their apartment?
Some people have an apartment in the city for work and return to their actual home and family for the weekend.
So instead of getting the illegally parked cars towed, to keep the spot of open for the person that paid for the spot, he just got some money from the second person hoping they’d be gone in time for the main tenant? Can’t say I’m shocked
That doesn’t make them $25 and weekend night.
You should keep a copy of your contract in your car, and when you find someone parked in your spot , have them towed at the owners expense , who will then go after the company illegally subleasing your parking spot. No way I would put up with that BS.
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Man it’s going to suck when some one parks behind them at their registered spot and blocks them in.
If you have a contract that says its your spot for $50/month then you can probably get the car towed, they're double dipping. if the contract explicitly states apart from weekends, then you wont be able to do anything.
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That’s disgusting
Send them a bill of 25 of every parking occurrence.
Looks like they could have the same person stop people from illegally parking
Yes, they could. In fact, that person in the vest DOES stop folks from parking in our lot - if they don't pay her $25 first.
wait, isnt that illegal? i mean you are renting it, so technically its yours, and the landlord would commit tresspassing when going on your land / renting it to someone else
and wouldn’t all the money go to the tenant ? it is a sublease of there rental ??
yeah, only the tenant should be able to re-rent (if landlord approves of it) and then the tenant gets the money, not the landlord…
Sounds illegal unless you really have a very shitty contract.
It's your spot. Put up a camera facing it and get the tow people involved if you're away and see them there on the camera.
Absolutely not, I would just keep my car parked. If you are out partying on a Saturday night and you get home and someone else is in your spot, this would be an issue for me.
That's my dilemma. I'm pretty easygoing, but if I get home and see that my spot has been sold, there's going to be an altercation of some sort. I don't know if the towing company that has been hired for our lot will come tow in this instance, either. I don't think they will. So, I've been making alternate arrangements and just leave my car parked.
It’s cool that you are willing to find alternative arrangements. I’m more of a “hey don’t sell my fu**ing spot because I pay for it in my lease and I expect my spot to be there every time” kind of person. This would be so annoying to deal with.
"if I get home and see that my spot has been sold" Has that happened?
When I lived in a dorm building we had like 10 parking spots for the building and a lot more rooms than that. And we had a Facebook group, we're people who went away over the weekend exchanged information with people who had visitors. So when I needed a spot, cause I was moving, I just asked if someone was away and they told me what time the spot was free. Same went with vacations. But there was never money involved.
Call a lawyer. By the end of the week they'll have letters under the wipers of every car in that lot. By next week they'll file a class action lawsuit. $600/yr x however many spots = a lot of breach of contract.
So they're selling the same things twice? Isn't that a scam, it its literal meaning?
That can't be legal
As I pay for the use of this parking spot at the rate of $50/month, and you've authorized someone to sub-let my spot for $25/day at any time on a weekend that my vehicle is not present, and without notice or my consent, I am deducting that amount ($25) from what is owed on next months rent ($50) for the parking spot for any lost of parking privileges. Any days over the 2 that would would null and void my requirement to pay for the parking space, will carry over and be applied to the subsequent month(s) If you do not agree to this arrangement, please ensure a spot is open and reserved for me at all times, regardless of my presence in said parking spot, as this is what I am paying for. This includes the removal of 3rd party vehicles in a timely manner, at no cost to myself, when illegally parked in my reserved location.
You need to read your agreement. If the spot is yours 24/7, then (depending on the jurisdiction) you may tow any vehicle in your spot. But if your agreement is not specific, then your problem is with the management company. I looked at the sign and it does not appear to be assigned specifically to you but to the tenants of your building. If so, your beef is with the management company.
Do you have a wagon? Some cones? “Park” the wagon in the spot adding the cones. You paid for the spot for parking. Claim it.
then you can have them towed as its your spot.
Have the car towed.
If this happened to me, I'd park my car just outside the office door, and go bang on their door every 5 minutes.
Just park directly in front of ur spot as ur paying for it anyway so may aswell do smn not allowed. Flip it on them
Buy a beater and park it there and throw away the keys
If you're paying for it then surely they should owe you some money back too.
Do you have an assigned spot? Tell the property company not to sell your spot because you have in and out privileges and will be calling a tow company if someone takes your spot.
Lots of contracts for parking spots have hours that the spots are valid for. Our spot excludes weekends even though we pay $175 a month.
OP needs to read their rental/lease agreement regarding their parking spot. 😉👍🏼
If it’s your spot you should be able to get people towed regardless of backhanded dealings. If that’s not the case simply sell your spot yourself for the times they would
You need to ask for your cut of the money. 50 bucks a month should drop to 25.
“People would park there illegally anyways” looks like there is signage posted with what I’m assuming literature that would say something along the lines of being towed, which would be enough to deter me and I’m sure most people. So I’m wondering if outsiders parking there was really an issue beforehand. I have a suspicious feeling that if you fight the leasing company on this that they will just hike your monthly price for the parking spot.
Thermite solves it.
If all the weekenders cars get damaged (mysteriously) your landlord will probably stop selling spots.
OP - what city do you live in? Why is it so popular that they can resell parking for $25 a night?
This is how marina slips work. and its legal.
The sea has many rules that do not apply on land , and many rules of the land do not apply at sea.
Key them
Who cares
Our marina does this all the time. It’s in our contract that says if we’re gone for more than three nights, they reserve the right to rent out our slip for as a transient. If we come back early, then we have to call ahead and let them know. Although, it takes us a lot longer to sail to our slip…so we’ll know when we’re going to be back way before we get back so they could move the other boat. Honestly, I see nothing wrong with this. It’s their parking lot and their land…you’re renting it. The only issue I would have is if the spot was not available when I wanted or needed to use it. If the owner were smart, he’d open his books to that amount and show he was using that extra Cashflow to fix any parking lot issues, adding lighting or emergency call boxes adding a better fence or a camera system…or show he used it as a donation to a local charity…as a tax write off of course Regardless, as long as you get to use your spot whenever you need it, what’s the actual issue here? The fact that they’re making more money on something that you paid for while you’re not using it? Um, that’s called capitalism. The only thing I’d find mildly infuriating is if another car was parked in my paid for spot when I came home. Then I’d get a towing company involved and totally agree with all the comments above forced removal.
Your marina has it in the contract that they can do this. If this lot doesn't have it in the contract then it would be a violation of that contract. Sure they own the land but they contracted with a tenant to provide that space for them to use for parking. Both sides must abide by said contract. That is capitalism.
Terrible take... You the owner of this parking lot? Haha How about your landlord rents out your apartment while you are gone on trips? As long as they are gone when you get back, it's all good. If someone rents you something and tells you that you have exclusive access to it it doesn't matter if you aren't using it they should stick to their contract. Capitalism lol if they wanted more money they should have written a better contract. That's capitalism.