I will update as things happen.
Thanks again!
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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
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 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.Quote:
Originally Posted by JudyKayTee
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?
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.Quote:
Originally Posted by JudyKayTee
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.)
LOL! Maybe you should consider Washington State. Oh wait, no sun...Quote:
Originally Posted by JudyKayTee
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.
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.Quote:
Originally Posted by patrick555
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.
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.Quote:
Originally Posted by patrick555
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.
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