Towing Issues: My car towed from apartment complex., small claims court, apartment management


Question
Hello,
 We live in Cincinnati, OH. My husband's car was towed in November 07 and the apartment complex will not return our calls only to say where it was towed too. It had a flat tire but only for a week or so. We are getting ready to sell it. No clause in lease stating they can. We don't have a lot of money so we couldn't afford to replace it the tire until the following pay day. The car was used about 4-6 times a month to keep it in good running condition. They supposedly put a sticker on it but we didn't know until the car was gone. They had it towed. I am assuming because it had a flat tire for about 9 days. Can they really tow it even if there is no clause in the lease except if we permanently left the premises. I understand it was "inoperable" but we couldn't afford. It wasn't in anyone's way. Thanks.

Answer
Well these kind of questions are very common here, and I hate to say it but apartments tend to be able to do what they want.  
Yes they have provisions in leases which say no inoperative vehicles, or cars being repaired.. Since I do not know what exactly your lease says, I can not provide you with specific answers, and while I am not a lawyer I can not provide you with legal information and advise.

Since the apartment management is not really talking to you on the phone, but have you tried to talk to them in person?

Someone had to sign the authorization to have it removed and while you said they placed a sticker on the vehicle they did meet the notification requirements in 99% of the areas in the United States. The fact that you did not see the notice is one of the big problems. I do not know what to say other then if you have more than one car, check them all DAILY.

I know it is a bad deal, and costly also but it is very common as I said before.

Not sure what good it would be if you went to small claims court to recover the fees paid, but as you said before you do not have the money to get it out. So daily charges are increasing for storage.