Complaint Review: Woodcreek properties - Arlington TX

  Allow me to know whom I'm speaking to.

This will never see the inside of a courtroom because it is unlikely you will admit to a civil court judge that you disregarded the apartment management’s warning for three weeks and then left the car in the tow lot for an additional three months.

 If this was in the lease you still did not follow proper processes. You did not tow the white buik which plates and inspection have been out a year which i have proof of. Also at the end of day thank you for proving my case weigh response given I'll see you in court. Good day

You admit you were informed that you were in violation of the lease agreement.

The time you put into this report far exceeds the amount of time it would have taken to mount the new tags. That decision cost you a car.

 Restrictions. The law provides some towing restrictions aimed at stopping abuses. The restrictions are in Subsections (c), (d) and (e) of Section 2308.253, which read as follows: c. A parking facility owner may not have an emergency vehicle described by Section 2308.251(b) removed from the parking facility. 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 of the Transportation Code or the vehicle registration law of another state or country; or

2. a valid vehicle inspection certificate issued under Chapter 548 of the Transportation Code or the vehicle inspection law of another state or country. 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 owners' or operators' 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." Emergency vehicles. Under Subsection (c), property owners will not be able to tow fire trucks, police cars, sheriff's cars or emergency medical vehicles for any reason--even if the vehicles are parked in a fire zone, in an accessible space, in front of a Dumpster, in the manager's reserved parking space, etc.

Expired inspection stickers or expired licenses. Under Sections (d) and (e), residential housing owners may tow vehicles for lack of a current inspection sticker or current license plate only when all of the following occur: the property owner has entered into a lease or contract with the vehicle owner or operator; the lease or contract prohibits parking without a current inspection sticker or license; the lease provides that before the vehicle can be towed for not having a current inspection sticker or license plate, the vehicle owner or operator must be given 10 days' written notice that the vehicle will be towed for violating the above lease provision; the notice was hand delivered or sent by certified mail to the vehicle owner or operator; and the property owner has waited 10 days before towing on grounds of an expired inspection sticker or license.

This 10-day provision of the statute doesn't affect a rental housing owner's right to tow for other reasons that are authorized under the statute, for example, towing a vehicle illegally parked in a fire lane, handicap space, driveway, or towing after a 15-day certified mail notice to the vehicle owner as listed in TxDOT records, or towing if oral notice or written notice was given prior to towing (such as the written notice of prohibited parking contained in paragraph 21 of the TAA Lease Contract).

The TAA Lease Contract provisions. Paragraph 21 of the TAA Lease Contract contains a prohibition against parking without a current inspection sticker or current license plate. The purpose of that prohibition has always been to give the property owner the leverage to get rid of junk vehicles, such as badly wrecked vehicles or vehicles without wheels or engines.

The statutory requirement of 10 days' written notice will not prevent an owner from being able to get rid of truly dilapidated vehicles of residents in 10 days. At the same time, the 10-day notice in these situations will stop abuses by some towing companies and property owners who have towed perfectly good vehicles (including vehicles of their own residents) just because someone forgot to get an inspection sticker or license plate renewal on time.

The TAA Lease Contract includes the 10-day notice language that is necessary to tow a resident's vehicle for violating the inspection sticker or license plate provision of the lease. The 10-day waiting period starts when the notice is hand delivered or the certified mail notice is mailed. Caveat. When towing for lack of a current inspection sticker or license plate under a lease containing the 10-day language, rental housing owners will need to be certain that the vehicle being towed is owned or operated by a resident.

This is because a lease between a property owner and a resident doesn't constitute a "contract" between the property owner and the resident's family, guests or occupants as required in Section 2308.253(e). Unless the property owner is positive that the vehicle that is illegally parked is either owned by a resident or parked there by a resident whose lease contains the 10-day language, the property owner cannot tow the vehicle for lack of a current inspection sticker or license.

The only exception is when a non-resident or occupant has entered into a contract with the property owner in which the statutory 10-day towing language is expressly stated. Parking contract for occupants. If there are occupants (as contrasted to residents) who will be owning and parking vehicles on your property, the lease signed by the resident does not bind the occupants.

Therefore, in order to tow or boot a vehicle that is owned by an occupant merely because the vehicle has an out-of-date sticker or license, you need to have the occupant sign a written contract similar to the following: I am the owner of the vehicle with license plate No. _____________ issued by the State of ___________, as of the date of signing this contract. I will abide by all parking requirements contained in the lease, dated ________________________, between ________________________________________________________ (as the dwelling owner) and __________________________________________________________________ as resident(s), for the dwelling located at ________________________________________________________________________.

This includes any parking rules subsequently adopted by the owner and distributed to resident(s). I acknowledge that I have read and am on notice of all lease provisions relating to parking vehicles or trailers of any kind, and understand that my vehicle can be towed or booted if I violate such parking requirements. ____________________________________ Dwelling owner or representative Occupant ____________________________________ Occupant ____________________________________ Date If the vehicle is owned by a resident but merely driven or parked by an occupant, this form is not necessary since the statute allows the 10-day notice to be given to the vehicle "owner or operator." Additional restrictions.

The law also requires that a copy of the towing rules or policies must be provided to the resident before the lease is signed. In addition a copy of the towing rules and policies must either be signed by the resident, included in the lease or included in an attachment to the lease. If your rules or policies are included in an attachment to the lease, the attachment must be expressly referred to in the lease. The title to the rules or policies must be in bold or underlined. TAA's Lease Contract contains a provision that meets these statutory requirements.

 APARTMENT COMPLEX 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

(2) a valid vehicle inspection certificate issued under Chapter 548, Transportation Code, or the vehicle inspection law of another state or country. (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 the owner or operator.

Basically, if your vehicle is towed for an expired inspection and/or registration and the registered owner did not receive a certified letter from the apartment complex, your vehicle was illegally towed. You most definitely want to file an online complaint against the towing service for violating Occupations Code 2308.253 (d)(1)(2).

The orange sticker on your vehicle for expired license plates or inspection sticker is not the required notice.

Notifying the apartment management that the vehicle is yours does not exempt you from their requirement that all vehicles must have current tags.

If someone notifies the police that they intend to violate the speed limit they are not automatically exempt from receiving a traffic citation.

I had no need to place the tags on the vehicle as it is not a retirement to do so. you had the notice that the vehicle belonged to s tenant. You had no legal right to have the car towed and you obligation to have the car returned.

you brand liable when when the car was towed. No notice was given st anytime. laziness isn't a factor I work. Do your job correctly and these things wouldn't happen.

You had the new tags for more than three weeks but you were too d**n lazy to grab a screwdriver and mount them. Then you let the car sit in the tow yard lot for three months. The vehicle was rightfully considered abandoned.