Seizing and Impounding Vehicles

[memilitant]

I live in an apartment community in Columbus where tenants vehicles are being towed and impounded for flat tires, not running, etc., despite the tenant's arguing Due Process, lack of Court Orders, etc. Is the seizing and impounding of tenant's vehicles without Due Process legal in Ohio?

Terry

[eewillison]

Much depends upon what your lease agreement says. If your lease allows the landlord to tow cars in a certain condition, and you signed off on it, then it would be neither a breach of the lease for the landlord to do so, nor would it be conversion (exercise of dominion over the property of another in a manner inconsistent with that person's rights).

But if the lease agreement does not speak to this, then you have claims for relief not just against the landlord, but against the towing agency as well.

The tricky bit comes if the lease is ambiguous on the subject. Let's say that the lease says that "nonfunctional cars will be towed." Obviously if the car is up on blocks, its not functional and can be towed. But if the only thing wrong with the car is that some kids let the air out of one tire, you could argue that this car is still very functional.

It would be up to a court at that time to determine what was meant by the clause. And it would be constured against the drafter of the contract (almost always the landlord) if there was doubt about what was meant.

[memilitant]

I've looked into the lease which has a couple of addendums to it concerning automobiles. According to what I've reviewed, the tenants are signing off on the addendums wherein states vehicles will be towed for flat tires, inoperable, etc. I've also noticed that these addendums are never mentioned to a prospective tenant until the last minute during lease signing.

Being that a landlord is alleging a breach of contract based on the addendums to the lease therefore having vehicles seized and impounded, wouldn't the landlord still be required to process Due Process in the court prior to having a tenant's car sezied and impounded?

Your time is appreciated.

[eewillison]

Due Process is a constitutional consideration concerned with what a government can do before it takes your property and/or takes away certain rights. There is no issue of due process between private individuals.

However, this does not mean that a private individual's actions are immune from claims for relief in the court.

If the lease incorporates these other addendums by reference and the addendums say that the landlord can tow a car for a flat tire, then I think that you are out of luck. Most courts would tell you that you would have been better off reading through the lease so that you could make an informed decison upon what you were signing before you signed it. Ohio courts would also point out that it isn't the landlord's duty to read the lease to you and point out things the landlord thinks you might find objectionable.

I know this sucks to hear, but this is how most Ohio Courts are going to see it, and I don't want to give you an inaccurate idea of where you stand.