Apartment Complex Tow Without Compliant Lease Notice
Under Texas Occupations Code § 2308.253, an apartment complex may only tow a tenant's vehicle if specific lease requirements are met: the lease must list the parking rules, identify which spaces are restricted, and must comply with § 2308.301 signage. § 2308.253 also requires a 'reasonable opportunity' for a tenant to remove the vehicle in many circumstances. Tenants towed without these protections (e.g., expired registration tow on tenant's reserved space, tow for a guest's vehicle without any sign, or a 24-hour notice tow when the lease never described it) routinely win at JP hearing.
Legal basis
Texas Occupations Code § 2308.253; Texas Property Code Chapter 92
Sample appeal wording
TO: Justice of the Peace, Precinct [PRECINCT], [COUNTY] County My vehicle was towed from the parking facility at [APARTMENT COMPLEX NAME], where I am a current tenant under lease dated [LEASE DATE]. The tow violated Tex. Occ. Code § 2308.253 because: [SELECT: my lease does not contain the parking restrictions purportedly enforced; the complex did not provide me 'reasonable opportunity' to move the vehicle; signs at the property entrance do not comply with §§ 2308.301-2308.303; my assigned space was not properly marked]. I was a guest in good standing of the lot owner under § 2308.301 and not an unauthorised vehicle. I request reimbursement of all towing and storage fees plus court costs under § 2308.458(e).
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Texas Occupations Code § 2308.253
- Texas Property Code § 92.0131