Can a renter get a vehicle towed from an apartment parking lot? My apartment complex, which has very limited permit parking,* also has several highly-conspicuous signs warning that unauthorized vehicles will be towed at the vehicle owner's expense. Additionally, the lease includes the following: We may have unauthorized or illegally parked vehicles towed under an appropriate law. A vehicle is unauthorized or illegally parked in the apartment community if it: 1) has a flat tire or other condition rendering it inoperable; or... 3) has no current license or no current inspection sticker; or... There was a vehicle in the lot with an out-of-state license plate that expired in 2014, and a flat tire, for over a week, after which I contacted the apartment management; the next day, there was a notice on the vehicle indicating that both conditions would need to be remedied to avoid a tow. The following day I saw that the tire had been replaced, the vehicle moved to a different parking space, and the expired license plate was now hanging at an angle by a single bolt; then later I saw that the expired license plate had been fully reattached, but there was now also an Illinois plate with a current sticker sitting in the back shelf of the car (laying flat; it would not be visible e.g. to the driver of a police car behind). I contacted the apartment management again, informing them of all of this (I even gave them a photo), and they confirmed to me that the current license plate would in fact have to be properly installed in order to be "authorized" to park in the permit space, and said that they would contact the owner. However, at no point since then was another official notice placed on the vehicle, and it has been this way for several weeks now. Can I contact the tow company on my own to have the vehicle removed (or a notice placed on the vehicle), or is this something that only the property owner can do? *~1.4 spaces per unit, all of which are 2- and 3-bedroom apartments.
You may contact a towing company; they will ask who you are, and will politely inform you that since you aren't the property owner, they aren't authorized to take someone else's car that is trespassing on the property. [Addendum] The first step in unraveling the legalities of the situation is seeing that only the property owner can give permission to enter (park) on the property. That permission can be rescinded, but only by the owner. The owner seems to have given permission and has stated in advance some conditions under which permission might be rescinded. The towing company could be called (by the owner) to act as the agent for the owner and remove the offending vehicle; but the towing company cannot just up an do this on their own. If they were to spontaneously tow a vehicle without officially acting on behalf of the owner, they would be liable for damages, owing to their having torted some guy's chattels. So the company will want to know that they are protected, in acting as the agent of the property owner. One way to do that is to verify that the person calling the towing company is the owner. Another would be to get the caller to swear that they are the owner and indemnify them against damages, in case they get sued. That pound of cure is more costly and annoying than the ounce of prevention of making sure that you're towing a car with proper authorization, so it's unlikely that they would just tow the car on your say-so. You might try suing the complex owner for some kind of breach of contract, if you think you have a contractual right to a parking space and they are negligent in doing what's necessary to meet your contractual right. The lease says "we may...", not "we will", so they haven't promised to absolutely enforce this rule. Or, of course, you could call the manager and mention that there's still a problem.
What you are describing may be the crime of insurance fraud: to avoid that, you would have to admit to the insurance company that you put a "Please steal me" sign in an unlocked car with the keys in the ignition, in a high-crime area. If we remove some of the elements of the scenario and reduce this to "leaving the keys in the ignition", this would probably be be considered contributory negligence, meaning that you failed to act prudently to protect your property. This can reduce the amount that the insurance company has to pay you. At this point, it depends on what state you're in, since sometimes a little bit of negligence (in Alabama, Maryland, North Carolina, and Virginia) means that you may get nothing. However, negligence hinges on an assessment of the actions and intentions of a party, and what you describe isn't "neglect", there is the direct intent that the car be stolen. Insurance policies exclude coverage for intentional loss. So the bottom line would be that the person would be out a car, and could be in prison for fraud if they did not reveal what they actually did. One should assume that the thieves took a lulz video of the sign before they stole the car, and posted it on FaceTube where it entered the viral hall of fame and was used against you in a court of law, so fraud is the worst choice. An alternative if you have a car is to donate it to charity, and take a tax write-off.
You would report unpermitted lock replacement to the home owner. The building code regulates new construction and renovations, and is not a requirement of any and all residences. This seems to correspond to a "secondary suite", which is supposed to be registered with the city (if it is allowed in your city). Here is a link for Vancouver, for instance. Such suites are supposed to be registered and inspected, the inspection being carried out by Development, Building and Licencing: By-Law Compliance &amp; Administration (a division of the city government). This article discusses some of the legal problems that can arise from an illegal secondary suite, however the penalties would land on the property owner, and he may not have approved of this subletting or the basement suite. A less-nuclear first step would therefore be reporting it to the property owner.
Your friend can get into a lot of trouble for this. Those stickers were given to you for renewing your registration. The stickers are meant to be a quick way for police to tell whether your license plates are still valid, but applying them does not make the plates valid - they are only stickers that have no legal meaning as standalone devices. You still need the registration renewal recorded in the state's system for your particular license plate, which can only be done by going and renewing the registration at the DMV, not by buying stickers. Without the stickers, your friend would only be guilty of driving with an expired registration and subject to relevant punishments for that. However, with stickers purchased from someone else, he is also adding an additional gross misdemeanor in Minnesota for intent to escape tax, which can additionally include up to a year in jail and a $3,000 fine on top of the usual $115 fine for the expired registration.
What do I do? Contact the police, and henceforth make sure that all your interactions with the business owner are in writing. That evidence will facilitate the police investigation in this fact-intensive matter. Can I actually be arrested? Yes, you are at risk of getting arrested regardless of whether you eventually prove the business owner is the one who broke the law. Hence the importance of contacting the police before it proceeds on the basis of his fraudulent accusations. The business owner has committed crimes including --but not limited to-- forgery, larceny, and attempted extortion (People v. Ramos, 34 Misc.3d 914, 920 (2012) and Matter of Spargo, 68 A.D.3d 1242 (2009) reflect that also the attempt of extortion leads to being charges and convicted, respectively). The timing of events could be indicative of the extent to which the business owner's criminal conduct was premeditated. For instance, it is unclear whose idea was keep the vehicle in his company's name notwithstanding that you had not acquired the company yet. If it was his idea, this will tend to weaken his denials of mens rea (given his subsequent course of action). Likewise, it is unclear what dissuaded you from purchasing the business. You need to assess whether he lured you in order to get your money for the car, and thereafter cause you to change your mind about the business.
If you can persuade them to release the car without paying – but with a promise to pay – they could sue you to recover what you owe them for towing and storage (breech of contract). If not, you would have to sue them to recover the money you paid (which is the damage that they did to you). I cannot imagine a towing company releasing a vehicle without first being paid. There is no state which requires a towing company to release a towed vehicle just because the owner asks.
Illinois law has provisions for the seizure of "dilapidated" and "inoperable" vehicles if they are "in view of the public" according to 55 ILCS 5/5–12002.1. In many cases such laws have been found to be unconstitutional. There is sort of a constant battle: states pass nuisance seizure laws and courts overturn those laws, then states pass more laws. You could sue the State of Illinois and try to get 55 ILCS 5/5–12002.1 overturned. You will be the hero of hundreds of junk car owners.
From a comment on the question: They did damage the trailer door and headlight is smashed This seems like the best thing to focus on, especially if you can show that it was not damaged before they towed it. The unusual method of towing (with video evidence) may be a factor in whether they are considered negligent. If the damage to the door looks like they caused it directly by breaking in, that would also help your case. You also asked in your comment if you should go to the police or to a lawyer first. Might as well go to the lawyer and see what they tell you to do. I'm not sure what the police would do if there is no clear crime that has been committed. (The lawyer should have better advice about whether/why to go to the police.)