No one ever wants to see a boot on their vehicle. But, what rights do Texans have when it comes to towing on apartment complexes here in Austin and beyond?
Legal resource Texas Law Help outlines the do’s and don’ts of towing legalities, including requirements on the property owner’s behalf and how to tell if a vehicle was illegally towed.
What towing signs should I look for on Texas properties?
When it comes to towing, signs are required to be attached to poles, walls or other “easily visible” spaces around a lot or property that feature the phrase “unauthorized vehicle will be towed at owner or operator’s expense.” Those signs must also include the specific name and phone number of the storage facility where any vehicles found in violation are towed to.
Is it legal for a landlord to tow a vehicle from an apartment property?
For apartments, landlords are required to outline the property’s specific parking rules and policies either within the leasing document itself or a separate document shared with the renter. With apartment complexes, cars can be towed if they block walkways, dumpsters or other vehicles, as well as if the vehicle in question is in a “restricted or reserved space or a tow-away zone,” Texas Law Help added. Semi-trailers and trailers are also eligible for towing unless specifically approved as part of a leasing agreement.
Can I stop my car from being towed?
The Texas Department of Licensing and Regulation confirmed state law offers several protections for Texans. If a vehicle is being hooked up to a tow truck but hasn’t been fully hooked up, the owner can keep their car without paying a charge. Proof of ownership of the vehicle isn’t required in this scenario, either.
If a car has been fully hooked up and is ready for a tow but hasn’t left the property, the owner may keep the car but will be required to pay a drop fee. The owner doesn’t need to provide proof of ownership of the car in this situation either.
Should a car be towed to a storage facility, the vehicle’s owner can access their car to get ownership documents or recover personal property without a fee.
How to know if a vehicle was towed illegally
Both towing companies and storage facilities are required to be licensed here in Texas. Texans can search the TDLR database to see if the specific towing company or storage site involved in their towing is registered and, therefore, legally authorized to perform a tow.
Drivers who think they might be the victim of an illegal tow can request a tow hearing within 14 days of the tow; should it be determined your vehicle wasn’t towed legally or was towed by an unlicensed, invalid or expired licensed facility, your fees might be waived.
How can I request a tow hearing in Texas?
Texans are required to file their request within 14 days (not including weekends or holidays) of the vehicle being booted or transported to a storage facility for the hearing to be granted. The company or storage facility in question is required to provide the following information, per TDLR:
Location from where the car was removed or booted
Name, address, telephone number of person or law enforcement agency who granted the vehicle removal or booting
Name, address, telephone number of storage facility housing the vehicle
Name, address, telephone number of towing company that either removed the vehicle or booted it
Other requirements for the complainant include giving the name, address and telephone number of the owner or operator of the car; a copy of the receipt or notice they received from the companies or facilities involved in the tow or booting; and photographs of the signage around the facility outlining towing practices or a statement claiming no signage had been posted.
Courts might charge a $20 filling fee as part of a tow hearing request. Hearings are required to be held within 21 calendar days after a court fields a request
This article originally published at Can Austin landlords tow your car from an apartment complex? What to know.