Towing Issues: Car with boot, when can I have it towed., civil damages, apartment manager


Question
I live in a small, 4-unit apartment in Albuquerque, NM.  There are only 8 parking spaces in the parking lot, but there are no assigned spaces; you just park in any available space.  About 4 or 5 months ago a car that does NOT belong to anyone in our apartment was 'booted' and parked in our parking lot.  I would like to know how long the owner of the 'booted' car may leave his car parked in one of our spaces?  It has been parked in the same spot for about 4 or 5 months now and it is really causing problem with the tenants of our building as it takes up a space that is needed by the tenants of our building.  Can I call a towing company and have this car towed - or is there some sort of grace period which gives the owner only a certain allotted amount of time before I can have it towed.  I don't know who the owner is or where he/she lives.  I really appreciate the fact that you are taking time out of your (no doubt) busy schedule to answer this question.  Thank you very much.  Sincerely, Scott W. Bates

Answer
Is there an apartment manager or resident manager that you pay your rent to? If so, ask them who owns the complex or who is in charge of it. Who placed the boot on the car? Normally only law enforcement or parking enforcement are allowed to boot vehicles. I would also contact the police if they placed the boot on it. In most states the police are not allowed to tow vehicles from private property, but property owners or managers can have it towed. You, as a resident do not have the authority to have the vehicle towed and may be subject to criminal prosecution for having the vehicle removed or be responsible for any civil damages for having it towed.