[patrick555]

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)

[JudyKayTee]

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.

[excon]

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

[patrick555]

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??

[JudyKayTee]

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.

[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 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

[JudyKayTee]

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 -

[patrick555]

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!

[excon]

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

[JudyKayTee]

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).

[patrick555]

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

[ebaines]

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
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?

[patrick555]

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!

[ebaines]

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.

[patrick555]

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.

[patrick555]

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.

[JudyKayTee]

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.

[ebaines]

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.

[patrick555]

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!

[JudyKayTee]

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.