My car was towed even though my apartment management said it would not be, now I have to pay. What can I do? 1 Answers as of January 04, 2011

My wife and I live in an apartment complex that requires stickers for parking. My car had a parking sticker that expired in May and my wife got a temporary sticker when she bought her car in March that the complex said would also expire in may when our lease was up.

We renewed the lease on our apartment and when I asked for new stickers the apartment complex said not to bother and that our old stickers would be fine. On December 22nd 2010 my wife's car was towed by the apartment management for having an expired temporary sticker, even though they told us not to worry about it and wouldn't give us a new sticker when we asked for one. I am not a visitor neither is my wife. I was charged $254 for having my car towed unfairly. Can I sue and what can I sue for? Thanks

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Law Office of Tim W. Avery
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I would first send a demand letter by certified mail to the owner of the apartment complex explaining the situation and demand reimbursement for the tow charge. State in the letter that despite the requirements of having a parking sticker as set out in your written lease, you requested new ones at the time of renewal of your lease and were incorrectly advised by the apartment manager that you did not need new ones, therefore was a contributory cause to the loss incurred and should be held responsible. State that they have 30 days to respond to your letter either by reimbursing your loss or by a denial of liability. If you receive no response or a denial of liability after the 30 day period, file a suit in small claims court. A lot of times parties will reach a settlement in lieu of having to go to court despite the fact that there may be no actual liability by the party being sued.
Answer Applies to: Texas
Replied: 1/4/2011
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