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View Full Version : Apt Landlord Threatening to Tow Motorcylcles


BullsNBears
09-12-2008, 04:53 PM
My husband and I live in an apartment complex and have recently bought motorcycles. We have been keeping them parked in front of our cars, in the same spaces. Our neighbors are fine with it. My husband's was purchased first. He went into the management office to register it with them and get a sticker. The manager (wife of a husband-wife team) said it was no problem as long as no other parking spaces were taken up, and gave him the sticker. We then bought the second bike. Before we have had a chance to register it with the office, the other manager (the husband) is threatening to tow the bikes. He said only two vehicles are allowed per unit. He also said that we were reserving parking spots (we aren't, our neighbors have parked in those spots and we are fine with that). We have read the lease thoroughly, and all addendums they have sent out (we have been there 8 years), and there is no mention of a limit to vehicles per unit.

My husband called the main company office, and received a letter back (hand delivered by the office at our complex) stating that their policy is now that only two vehicles are allowed. We never received any notice of this. If this is the case, why did they let my husband register his bike, give him a parking sticker and tell him it was "no problem"?

Can they tow our bikes? Is there anything we can do about this?

Thanks in advance –

Eagle
09-12-2008, 10:24 PM
Does the lease say that your are allowed 2 spots?

If the lease says nothing about a limit of 2 vehicles and the manager knew about the first bike and had no problem with it then they really can't change the rules until you sign a new lease. If your lease term is one year and at the expiration of that year you have to sign a new lease then the landlord could change it at that time.

Now it is never a good thing to be on bad terms with your landlord so I would write company office and explain to them that the on-site managers knew about the first bike and told you it was fine and you relied on those representations. If the company still has an attitude problem about the bikes then you could (if you want to give them a hard time) let them know you will sue them for conversion, tresspas to chattels, promissory estoppel among other things if they lay a finger on the bikes. The company, by law, is bound by the promises and representations of its employees - in this case the on-site managers.