Towing Issues: Towing a car to initiate repairs, worse case scenario, liability insurance carrier


Question
I am a landlord in Los Angeles, CA.

We have a commercial property with 40 residential units in one, and 24 in the other.  Our liability insurance carrier notified us that we have a liability issue in the parking structures with regards to grease and oil, which is prone is accidental slip and fall injuries.

In response with placed notices on all vehicles about the work to be performed, informing them of the date of the work and that every vehicle will be towed which is present at the time the work is to commence.

One car remained b/c the tenant was out of town, and the car was towed.  Now he wants to file suit.

Please clarify if we are in the right, and if so, some literature you can direct me to on this scenario.


Answer
Most rental contracts express that management can regulate any vehicle on company property. Even though the tenant was not available, the vehicle was going to be removed or relocated assuming amble notice was given about the parking lot. If your tenant is threatening a suit maybe in good faith management can reimburse some or all of the expense. If management doesn't want to go in that direction then let him file suit. A judge would review when and how notices were given, how long was the tenant out of town, was notice given before the tenant went out of town, etc.? The tenant will surely state that notice wasn't given so management will need witnesses or statements from other tenants. If the tenant is awarded, usually management's worse case scenario is paying the tow. As I said, if the rental contract clearly expresses that management has full control of any vehicle on the property (which most do) he doesn't have much in his favor but a threat. Another option is filing or threatening a counter suit against the tenant if the tenant files against you. This is for basically for wasting your time and calling his bluff. In many situations the problem can be resolved without litigation but if it goes to court it's usually and waste of time and money for both parties. I am sure it will all work out, just let him vent for the time being then resolve the issue in a thoughtful professional manner.