Abandoned or unauthorized vehicle’s on residential rental property is a common problem for property owners and residents. Even more so for commercial properties! Not only can these vehicles often interfere with residents’ own parking privileges, they are also extremely unattractive, lowering property values. Abandoned and inoperable vehicles can also present a hazard to small children who can be trapped or injured when playing in or around the cars. The law allows property owners, their agents, (i.e., security or staff) and/or persons in lawful possession of the property (i.e., the tenant) to authorize the tow of vehicles from the property. Specific procedures must be followed before and after doing so. Here’s an overview.
What owners can and cannot do:
A rental property owner, his/her agent, or a person in lawful possession of the property (i.e., the tenant) may cause the removal of a vehicle parked on the property as long as they follow CA Vehicle Code 22658. The following applies to any vehicle removed from private property:
22658.(a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:
(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.
(2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.
(3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification.
(4) The lot or parcel upon which the vehicle is parked is improved with a single-family dwelling.
So what does this mean?
This means for a towing company to remove a vehicle from private property, they must meet the requirements of subdivision (n), and one of the following circumstances MUST exist:
What you have seen is a brief look into vehicle code 22658. We will explore 22658 in-depth later on. For now, let’s see some of the more common questions and answers people are asking.
Yes and No. Yes, any tow company can tow from private property. No, unless they have their approved signs posted at each entrance, not just any tow company can come onto the property. Usually this means the company is under contract as a vendor for the property.
Will I have to pay anything to request a tow?
No, the person requesting the tow does not get charged. Only the registered owner is responsible for the towing and storage bill. However, you can be held liable, civilly, in court, if there is validity concerns. 22658(f) …A towing company that removes a vehicle from private property in compliance with subdivision (l) is not responsible in a situation relating to the validity of the removal.
I caught the tow truck towing my vehicle. The driver charged me to unhook it. Is this legal?
Yes, this is commonly refered to as a "Drop Fee", but only if the vehicle being towed is already attached to the tow truck. Only then can you be charged 1/2 of the tow rate. Tow rates for PPT are usually hourly, so if you prolong the driver, your fee's can go up. 22658(g)(1)(b) Upon the request of the owner of the vehicle or that owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit. 22658(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of… and before it is removed from the private property.
How do I know if I was overcharged?
This is a grey area for Private Property Towing (PPT). 22658(i) (1) (A) A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge exceeds the greater of the following: (i) That which would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which is located the private property from which the vehicle was, or was attempted to be, removed, or if the private property is not located within a city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located. (ii) That which would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the California Highway Patrol for the jurisdiction in which the private property is located and from which the vehicle was, or was attempted to be, removed. “Exceeds the greater of the following” This seems as if it were stating whichever is the highest of the two, would be the highest a tow company could charge. “Under an agreement between a towing company” This statement is vague. What if the company does not tow for any law enforcement agencies? Because of this, many companies have chosen to conform to CHP rates, or have followed similar tow companies rates. Unfortunately CHP does not disclose their towing rates This law is open to interpretation, and we recommend seeking council if you plan on pursuing a company for overcharging.
Who do I complain to if I feel I was wrongfully towed?
All complaints go through the local Police, Sheriff or CHP office. You should have received a notice. 22658(L)(1)(c)(iii) The towing company shall also provide to the vehicle owner or the agent a separate notice that provides the telephone number of the appropriate local law enforcement or prosecuting agency by stating “If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number].” The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction.
I parked in the car wash area; went to my apartment; when I returned with the soap my car was towed. Is this legal?
Yes. But only if an agent of the property authorizes the tow. The tow company can only tow from Fire Lane, 15ft from a hydrant, Handicap Stall or blocking an entrance to or from the property. 22658 (L)(1)(e)(i) General authorization to remove or commence removal of a vehicle at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the private property.
