I have lease with my apartment and in the section on "parking" the lease states.the following:

"PARKING. We may regulate the time, manner, and place of parking all

cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles.

Motorcycles or motorized bikes may not be parked inside an apartment

or on sidewalks, under stairwells, or in handicapped parking areas. We

may have unauthorized or illegally parked vehicles towed or booted

according to state law at the owner or operator’s expense at any time if it:

(12) has no current license, registration or inspection sticker, and we give

you at least 10 days notice that the vehicle will be towed if not removed."

My situation:

I live in Texas. I have current license plates and registration tags on both of my vehicles from the state of New Mexico. My apartment manager says I am in violation of the (above lease rule on parking) and I must obtain Texas plates and registrations or she will have my vehicles towed.

Questions:

1. Can she interpret this rule to justify her threat of towing?

2. Am I in compliance as the rule is written? (the rule above is verbatim)

I think you have a good legal argument that she is stepping outside the boundaries of the lease - as you know the above says nothing about the State in which the vehicle must be registered.

The complex management wrote what you posted; therefore, they are presumed to have written it to cover every situation which they encounter in their favor. It is silent (does not mention) when it comes to out of State vehicles and I believe you have the winning legal argument.

It would (probably - and I hate that word but nothing is guaranteed) be interpreted in your favor.

Hello P:

Judy is right. The question is, what are you going to DO about it.

I'd LOVE to fight with her, cause I LOVE fighting... But, I'd cave in, in this situation - NOT because she's right - SHE isn't - but because you need to get your vehicles licensed in Texas anyway. You probably have 30 days from the date you made your residence in Texas to transfer your registration.

excon

Judy-
I agree and thanks for your response!
Also,I can't help but wonder if something fishy is going on at my apartment. When I spoke to management, they admitted they have their "courtesy officer" (an off duty police officer, that happens to live here) go through the parking lot on a regular basis looking for "us license & registration violators."
Even with the current rule - I wonder about the legality of a law official fishing a private parking lot for vehicle offenses!

I should have mentioned in my previous post thaat it was the "courtesy officer" who reported my "infraction" to management - yet I did not receive a citation from said police officer??

Well, you didn't get a citation because the Police Officer is strolling through the lot on unofficial "business" and probably isn't allowed a side job without the Department's permission.

As Excon said - I also enjoy a good legal argument and I would be tempted to let management tow, get my vehicle back and THEN go to Small Claims Court. That would definitely be the end of the Police Officer's part time job (because I'd drag him into it) and I'm sure the complex would change the rules.

Hello again, p:

So, what am I? Chopped liver?? He didn't give you a citation, because your vehicles are on private property. But, as soon as you take them on the public street, you're in violation.

Look. If you want to move, I think you're right. I don't want to have a "courtesy officer" checking out my life! If you want to do THAT based upon this incident, I'll tell you what to do... But, Judy can too, if you'd rather listen to her.

excon

Hello again, p:

So, what am I? Chopped liver??? He didn't give you a citation, because your vehicles are on private property. But, as soon as you take them on the public street, you're in violation.

Look. If you wanna move, I think you're right. I don't wanna have a "courtesy officer" checking out my life!! If you wanna do THAT based upon this incident, I'll tell you what to do... But, Judy can too, if you'd rather listen to her.

excon



I suspect OP is reading and responding in the order in which he was answered. I doubt he thinks you are chopped liver. I don't think it's a case of listen to you OR listen to me -

Sorry for not acknowledging you Excon.
I appreciate your information!

I don't want to move, not yet anyway. I just feel that my privacy is under some sort of microscope.
The management and police officer are probably working with the towing company in some kind of predatory towing kickback scam!

Sorry for not acknowledging you Excon.
I appreciate your information! I don't want to move, not yet anyway. I just feel that my privacy is under some sort of microscope. Hello again, p:

Yeah, I DID kind of jump the gun... We're cool... Now, we're cooking. I LOVE to fight.

Write your landlord a certified letter, sent return receipt requested. Send another copy by regular mail, and drop off a hand delivered copy to the office. In your letter, inform your landlord of your insightful and CORRECT reading of your lease. Inform them further that your vehicles ARE properly registered pursuant to state law (and they ARE, because they're on private property, as I said earlier). Tell them that you will NOT adhere to managements request, and that if management THINKS you're in violation, they should ACT. However, if a judge views their actions as illegal, and you'll sue to make sure a judge DOES review their actions, you just might OWN the complex. Tell them you'll sue them PERSONALLY too. Sign off with the admonishment, "Proceed at your peril".

I LOVE that last line.

excon

So, Excon, what is my advice, chopped liver?

I stay with my advice - want to make a point? Got time and energy and money to do it? LET management tow the car(s) in question. Pay the "freight" and then sue in Small Claims Court.

You're being inconvenienced now; inconvenience them.

- and that's how I roll (or whatever the phrase is).

Thanks Excon!
I think I should take the fight to them - I'm writing the letter today!

Patrick - as a former TX resident I know that TX regulations state that new residents of the state must register their cars in Texas within 30 days of moving into the state. See: New Residents (http://www.txdmv.gov/vehicles/drivers/new_residents.htm)
Therefore if you are leasing an apartment (and TX is your residence) and your cars are registered in NM, then after 30 days you are indeed in violation of TX law. So according to the language of the parking rules, they can have your cars towed.

Why not just get your cars registered in TX, like they should be, and not have the hassle?

EBaines-
I understand what you're saying and I plan to register in Texas.
However, the point I'm trying to make is - apartment managers aren't law enforcement nor lawyers - therefore the word "current" in the rule is vague at best!

Seems to me you signed an agreement (your lease) that said you would abide by their parking regulations, which include being towed if the car "has no current license, registration or inspection sticker." I think that captures your car since it's not properly registered (I am assuming you've been in TX more than 30 days). I don't see that it matters whether the snich was an off-duty cop or not. Someone else would have to answer the question of whether the regs are fundamentally flawed and over-step legal bounds in TX, but off-hand I doubt it.

Also, if you read the rule carefully, you will notice it says "no current license or registration."

The key word here ultimately may be "no"
The implication is do I have some type of current license and registration or not. I do, therefore I am in compliance.
Just because I reside in Texas is irrelevant. The rule does not say "state" or "Texas" after the word "current," and this is where the rule fails.

Also, there maybe a gray area here - even if I must obey rules on my lease, my car is on private property, the manager (of which) cannot enforce state law and the police cannot issue a ticket until I drive onto the public roadway.

In my area the Police can and will enforce a "no parking" (because of whatever) restriction on private property. I owned property, had people parking illegally, had to call the Police, had the cars towed.

I don't think out of State registrations are addressed in that lease - I STILL don't.

And the differences in opinion are what make the World go around - not unusual to have one Attorney turn down a potential lawsuit and have another grab at it. I think that's the difference in legal opinions here.

Also, there maybe a gray area here - even if I must obey rules on my lease, my car is on private property, the manager (of which) cannot enforce state law and the police cannot issue a ticket until I drive onto the public roadway.

Perhaps true, I woudn't know. But I thought you were concerned about whether management could tow your car in accordance with the lease you signed. I think they can. The operative word is "current," and you do not have a current license, registration, or sticker. You are trying to argue that your license and registration are actually current even though they're not legal, and I think that's a weak argument.

To be honest I don't understand why the landlord is being such a jerk about it. You're their customer, current on your payments (I assume), and unless your cars are eyesores I don't get why management would be such sticklers. But if they choose to flex their muscle, I believe it's their right to enforce the regulations as written.

I don't understand the jerkiness either and that bothers me more than anything!
Thanks for everyone's opinions! I'm glad there are some nice people out there!

Let us know - EBaines and I are on opposite sides here (which happens) about what is current and what is not, different interpretations - and I'd like to know how this plays out, even if nothing else happens.

I will update as things happen.
Thanks again!

I hate to disagree with Judy, but I think the complex will win. Here's why:
New Residents (http://www.txdmv.gov/vehicles/drivers/new_residents.htm)
According to this site (as excon alluded to), you are required to get the registration changed and the car inspected within 30 days of moving. If you do not do this, then it could be interpreted that your registration and inspection have expired, thereby violating the terms of the lease.

Frankly, I'm not sure why you think this is an invasion of your privacy. I see it as protecting the landlord. That you have failed to comply with the law and reregister your vehicle can imply that you may decide to bolt before your lease is up.

I agree with the theory but I don't think the failure to register in Texas make the license/registration from NM invalid. Maybe this is a temporary move; maybe not.

Really curious to see how this plays out. And, yes, OP may be trying to bolt.

JudyKayTey, Excon and others-
Here is the specific Texas Transportation code - can you please review and explain in layman terms - Thank you - by the way, I'm not trying to bolt!

Sec. 2308.252. REMOVAL AND STORAGE OF UNAUTHORIZED VEHICLE. (a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner's or operator's expense if:
(1) signs that comply with Subchapter G prohibiting unauthorized vehicles are located on the parking facility at the time of towing and for the preceding 24 hours and remain installed at the time of towing;
(2) the owner or operator of the vehicle has received actual notice from the parking facility owner that the vehicle will be towed at the vehicle owner's or operator's expense if it is in or not removed from an unauthorized space;
(3) the parking facility owner gives notice to the owner or operator of the vehicle under Subsection (b); or
(4) on request the parking facility owner provides to the owner or operator of the vehicle information on the name of the towing company and vehicle storage facility that will be used to remove and store the vehicle and the vehicle is:
(A) left in violation of Section 2308.251 or 2308.253; or
(B) in or obstructing a portion of a paved driveway or abutting public roadway used for entering or exiting the facility.
(b) A parking facility owner is considered to have given notice under Subsection (a)(3) if:
(1) a conspicuous notice has been attached to the vehicle's front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle stating:
(A) that the vehicle is in a parking space in which the vehicle is not authorized to be parked;
(B) a description of all other unauthorized areas in the parking facility;
(C) that the vehicle will be towed at the expense of the owner or operator of the vehicle if it remains in an unauthorized area of the parking facility; and
(D) a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle; and
(2) a notice is mailed after the notice is attached to the vehicle as provided by Subdivision (1) to the owner of the vehicle by certified mail, return receipt requested, to the last address shown for the owner according to the vehicle registration records of the Texas Department of Transportation, or if the vehicle is registered in another state, the appropriate agency of that state.
(c) The notice under Subsection (b)(2) must:
(1) state that the vehicle is in a space in which the vehicle is not authorized to park;
(2) describe all other unauthorized areas in the parking facility;
(3) contain a warning that the unauthorized vehicle will be towed at the expense of the owner or operator of the vehicle if it is not removed from the parking facility before the 15th day after the postmark date of the notice; and
(4) state a telephone number that is answered 24 hours a day to enable the owner or operator to locate the vehicle.
(d) The mailing of a notice under Subsection (b)(2) is not required if after the notice is attached under Subsection (b)(1) the owner or operator of the vehicle leaves the vehicle in another location where parking is unauthorized for the vehicle according to the notice.





Sec. 2308.253. UNATTENDED VEHICLES ON PARKING FACILITY OF APARTMENT COMPLEX; REMOVAL AND STORAGE OF VEHICLES. (a) This section applies only to a parking facility serving or adjacent to an apartment complex consisting of one or more residential apartment units and any adjacent real property serving the apartment complex.

(d) Except as provided by a contract described by Subsection (e), a parking facility owner may not have a vehicle removed from the parking facility merely because the vehicle does not display:
(1) an unexpired license plate or registration insignia issued for the vehicle under Chapter 502, Transportation Code, or the vehicle registration law of another state or country; or
(e) A contract provision providing for the removal from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia or a valid inspection certificate is valid only if the provision requires the owner or operator of the vehicle to be given at least 10 days' written notice that the vehicle will be towed from the facility at the vehicle owner's or operator's expense if it is not removed from the parking facility. The notice must be:
(1) delivered in person to the owner or operator of the vehicle; or
(2) sent by certified mail, return receipt requested, to that owner or operator.

(f) This section may not be construed:
(1) to authorize the owner or operator of a vehicle to leave an unattended vehicle on property that is not designed or intended for the parking of vehicles; or
(2) to limit or restrict the enforcement of Chapter 683, Transportation Code, the abandoned motor vehicle law.
(g) A provision of an apartment lease or rental agreement entered into or renewed on or after January 1, 2004, that is in conflict or inconsistent with this section is void and may not be enforced.
Sec. 2308.254. LIMITATION ON PARKING FACILITY OWNER'S AUTHORITY TO REMOVE UNAUTHORIZED VEHICLE. A parking facility owner may not have an unauthorized vehicle removed from the facility except:
(1) as provided by this chapter or a municipal ordinance that complies with Section 2308.208; or
(2) under the direction of a peace officer or the owner or operator of the vehicle.


Sec. 2308.208. MUNICIPAL OR COUNTY ORDINANCE REGULATING UNAUTHORIZED VEHICLES AND TOWING OF MOTOR VEHICLES. The governing body of a municipality or the commissioners court of a county may adopt an ordinance that is identical to this chapter or that imposes additional requirements that exceed the minimum standards of this chapter but may not adopt an ordinance conflicting with this chapter.

That sounds to me like the lease was drawn up by someone who knows the law. The lease is clearly in compliance with the law. So, if the vehicle does not have valid reg or inspection they must give you 10 days notice to fix it. If you don't, they can remove it.

It's a little fuzzy about whether an out of state reg qualifies. But I think the law requiring that you register within 30 days answers that.

What I'm wondering is why you are spending your time on this? Why don't you comply with the law and re-register your vehicle? Why are you looking to circumvent the law instead of complying with it?

I agree with the theory but I don't think the failure to register in Texas make the license/registration from NM invalid. Maybe this is a temporary move; maybe not.


I disagree. I think, if the OP were stopped for a moving violation and he showed ID that showed TX as his permanent residence but the reg was still NM, he would be issued a citation for an invalid reg.

Scott - great discussion. I think the proof of residency would be the driver's license and I question where/what that is. I know what you are saying and I know the legal requirement but I am paid to make an argument for the Plaintiff's (sort of) side of things so I'm looking at a defense.

Know what I mean?

I think the proof of residency would be the driver's license and I question where/what that is.

Actually in TX they give you 90 days to get your new drivers license when you move into state, even though only 30 days to have your car registered. So you can get nailed for having the NM plates on the car even though you may still have an NM license. A better proof of residency is the lease agreement. I suppose if the OP still has a valid lease in NM (as well as TX) or owns a home in NM, and if his lease in TX is short term (month by month), then maybe he can argue that this is a temporary stay and he is still a NM resident. But if that's the case he'd better be paying NM income. Since TX has no income tax I bet dollars to donuts that he is not having NM tax withheld from his paycheck, and will swear on a stack of bibles to the NM tax authorities that he's a TX resident.

When I moved to TX from NJ I made it a point to get my new drivers license, re-register my car, and register to vote in TX ASAP so that NJ wouldn't try to claim income tax from me . In my case I still had property in NJ, and I wanted to make sure NJ wouldn't use that as evidence that I hadn't really moved out of state.

Same when I moved out of NY. I didn't want to have to pay NY taxes so I made darn sure I changed my residence to Maryland.

Again - interesting.

(No income tax. Now I have to make a decision. No native snakes in Maine. One for Maine. No income tax in Texas. One for Texas.)

(No income tax. Now I have to make a decision. No native snakes in Maine. One for Maine. No income tax in Texas. One for Texas.)

LOL! Maybe you should consider Washington State. Oh wait, no sun...

Just so you know it's not about not complying with the law. My wife has been severely ill for the last year and I lost my job recently. So my priorities changed and money has been spent on what's most important.
I do appreciate the helpful information.

So what is the timeline here? When did you move into this apartment? When did you lose your job? How long a lease did you sign?

I missed out on most of this, but yes, the car is no longer legally licensed and registered after a period ( I believe 30 days in Texas) So even with the tag on it, by law it is not legally tagged any longer.

I realize I need to comply with the law, my concern is where the line is regarding right to privacy.

Hmm - where do you see your right to privacy being violated? So far I've been with you but now I'm confused.

I still think the lease is ambiguous but I'm also realizing I'm in the vast minority...

And that happens.

(Sorry about your wife. I'm sure the parking rules are about the LAST thing you need to worry about right now.)

Why would they care about my license? What is their risk, what is their to be gained by pressing this particular rule.
Also I never signed nor received the other five pages of my lease (which contain the parking rules)
I found the our exact lease online, only then realizing I never received or signed them. I only initialed the bottom of first page.

Why would they care about my license? What is their risk, what is their to be gained by pressing this particular rule.


What is there to be gained by selectively enforcing rules? As we pointed out, maybe they are concerned your failure to reregister your car means you could bolt. Maybe they feel if they let you get away with a rules violation others will test the waters.

But you are way off base in thinking your privacy is being violated. They way I see it they are protecting you and other tenants.

If my vehicles and plates aren't private, what is?
I wasn't required to register them with the apartment when I moved in, why is it important now.
Again, I'm here to stay. It's the principle.
I'm also quite sure no one else knows about the rule until they see the tow tag on their car and wonder what's up.

If my vehicles and plates aren't private, what is?

Where did you ever get the idea that they are private? Vehicles usage is licensed by the government. Your plates are issued by the government. You are required to display these facts prominently in your vehicle. Your complex provides parking for residents and they expect those residents to stay residents.

You certainly seem to have some strange ideas.

My vehicles are private because I own them outright.
I agree, however that licenses and registrations are the domain of government. So when the government asks me to change them I will.
What I won't do is be told to change them by a manager of an apartment complex.
You certainly have some strange ideas.

My vehicles are private because I own them outright.
I agree, however that licenses and registrations are the domain of government. So when the government asks me to change them I will.
What I won't do is be told to change them by a manager of an apartment complex.
You certainly have some strange ideas.

Sorry but you are the one with the strange ideas. My ideas are not strange, they comply with the law.

Yes, your vehicles are private to the extent that someone cannot enter them without permission. But that's as far as that goes. And the government HAS told you to change your registration in the form of a law stating this has to be done within 30 days. You risk fines by not complying with the law.

The management of the complex has the right to make sure that no illegal activity is going on within the complex. The parking lot is private property owned by the complex. An improperly registered vehicle is a violation of the law and they have the right to demand that only legally registered vehicles be parked on their property.

You are way off base here. You are violating the law and that puts in the wrong.

Patrick, you lost me with the privacy argument. This is a contract matter. If you are claiming you didn't sign the contract, well, then you don't have a lease and can be evicted at any time.

If you did sign a lease you have to obey the rules. I think the rules are ambiguous but the more I read of this the more I think you have a losing argument.

You either HAVEN'T re-registered because you don't have the money, don't have the time, want to press the issue, are a malcontent.

I'm starting not to be so sure which it is.