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      12-03-2007, 01:58 AM   #1
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Is this legal for an Apartment landlord to do this?

Alright so i live in an apartment and it requires you to have a permit to park into all the spots available. My roommates were only able to get 1 permit when we have more than two cars. So my buddy photocopies and makes a fake permit. Worked since sept. but last week his car was towed and they told him that he had a fake permit. Here is the thing though, they broke into his car in order to figure out if it was a fake permit. They opened up his car and then took the permit off his rear view mirror and showed it to him at the apt. office. Was it actually legal for them to break into his car to take the permit in the first place? And the apartment landlord wants to evict us now for doing it and the towing company made my roommate pay $175. Do we have an argument that they should have not broken into our vehicle?
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      12-03-2007, 02:05 AM   #2
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Originally Posted by Takumi587 View Post
Alright so i live in an apartment and it requires you to have a permit to park into all the spots available. My roommates were only able to get 1 permit when we have more than two cars. So my buddy photocopies and makes a fake permit. Worked since sept. but last week his car was towed and they told him that he had a fake permit. Here is the thing though, they broke into his car in order to figure out if it was a fake permit. They opened up his car and then took the permit off his rear view mirror and showed it to him at the apt. office. Was it actually legal for them to break into his car to take the permit in the first place? And the apartment landlord wants to evict us now for doing it and the towing company made my roommate pay $175. Do we have an argument that they should have not broken into our vehicle?
what?!?!??! broke into your friends car?!?! that is NO WHERE near legal even if the permit was fake or not.... NO WHERE.
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      12-03-2007, 02:09 AM   #3
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Someone doing something wrong, and they want to try and spin it in thier favor ...
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      12-03-2007, 02:11 AM   #4
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Originally Posted by Rips335iCoupe View Post
Someone doing something wrong, and they want to try and spin it in thier favor ...
+1 You did wrong in the first place... which led to all of this. Of course its not legal for them to break into your car, but its also not 'legal' to be making photocopies of your parking pass. Go after them in court if you want, but remember you started it!
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      12-03-2007, 02:12 AM   #5
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Yeah, they can still evict you, but they can also have some pretty nasty charges against them for breaking into the vehicle.
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      12-03-2007, 02:16 AM   #6
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Originally Posted by djmatty View Post
Yeah, they can still evict you, but they can also have some pretty nasty charges against them for breaking into the vehicle.
You do realize they have to break into your vehicle whenever they tow it right? It's not illegal in this sort of a situation.
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      12-03-2007, 02:25 AM   #7
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Originally Posted by O-cha View Post
You do realize they have to break into your vehicle whenever they tow it right? It's not illegal in this sort of a situation.
uh no, that's actually illegal. If they can't hook it straight up, then they'll use dollies or a flatbed. They CANNOT damage or break into private property unless they owner (bank, person, whatever) gives them permission. Repo men get away with it because the bank holds the lien and gives you the right to drive it for a fee. The tow truck driver was not acting on behalf of the owner in this situation and is completely illegal. I'd file charges seriously.
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      12-03-2007, 02:47 AM   #8
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Originally Posted by gum5h03 View Post
uh no, that's actually illegal. If they can't hook it straight up, then they'll use dollies or a flatbed. They CANNOT damage or break into private property unless they owner (bank, person, whatever) gives them permission. Repo men get away with it because the bank holds the lien and gives you the right to drive it for a fee. The tow truck driver was not acting on behalf of the owner in this situation and is completely illegal. I'd file charges seriously.
Yeah, what he said. If a guy at the office had the towing company do that, it'd be one thing, but what the towing company did on its own was illegal.
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      12-03-2007, 05:20 AM   #9
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Quote:
Originally Posted by Takumi587 View Post
Alright so i live in an apartment and it requires you to have a permit to park into all the spots available. My roommates were only able to get 1 permit when we have more than two cars. So my buddy photocopies and makes a fake permit. Worked since sept. but last week his car was towed and they told him that he had a fake permit. Here is the thing though, they broke into his car in order to figure out if it was a fake permit. They opened up his car and then took the permit off his rear view mirror and showed it to him at the apt. office. Was it actually legal for them to break into his car to take the permit in the first place? And the apartment landlord wants to evict us now for doing it and the towing company made my roommate pay $175. Do we have an argument that they should have not broken into our vehicle?
The tow company is allowed to open the vehicle to make it safe for transport.

I highly doubt they had to break in to see if it was fake. The license plate was not on file as holding a permit, and after a number of months it probably wasn't too hard to figure out you were commiting fraud. The landlord has the right to remove your vehicle from the property, and in the course of securing the vehicle, they could remove the permit if it is fake. You sign releases to this when you get an appartment. Don't you read the fine print?

Your friend screwed up. Take it like an adult.
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      12-03-2007, 05:24 AM   #10
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Quote:
Originally Posted by gum5h03 View Post
uh no, that's actually illegal. If they can't hook it straight up, then they'll use dollies or a flatbed. They CANNOT damage or break into private property unless they owner (bank, person, whatever) gives them permission. Repo men get away with it because the bank holds the lien and gives you the right to drive it for a fee. The tow truck driver was not acting on behalf of the owner in this situation and is completely illegal. I'd file charges seriously.
Not true. By parking on private property, you open yourself to a different set of vehicle and towing regulations. I'm a landlord, and if you park a vehicle on my property and leave it for a specific amount of time, I can do just about anything I want. Most landlords don't, but they do have rights in this case, and while I don't agree with how the landlord did this, he likely followed the applicable laws and this was legal.

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Originally Posted by djmatty View Post
Yeah, what he said. If a guy at the office had the towing company do that, it'd be one thing, but what the towing company did on its own was illegal.
I'm sure it was someone at the office, or another resident that knew and complained.
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      12-03-2007, 09:28 AM   #11
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Quote:
Originally Posted by Rips335iCoupe View Post
Someone doing something wrong, and they want to try and spin it in thier favor ...
+1

Sure there's more to this story. Hopefully a lesson learned....don't attempt fraudulent activities.
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      12-03-2007, 09:38 AM   #12
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      12-03-2007, 10:07 AM   #13
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Quote:
Originally Posted by TurboFan View Post
Not true. By parking on private property, you open yourself to a different set of vehicle and towing regulations. I'm a landlord, and if you park a vehicle on my property and leave it for a specific amount of time, I can do just about anything I want. Most landlords don't, but they do have rights in this case, and while I don't agree with how the landlord did this, he likely followed the applicable laws and this was legal.
Yeah maybe, but is breaking a car window allowed under these so called "regulations"? That's a little extreme, especially when they could have just came and knocked on the apartment door.

This happened to a friend of mine at OSU before. He used an expired pass and laid the side down not showing the expiration date. It was only expired by a month also. Anyways the tow truck company broke the window then towed the car. The tow company claimed the car was already broken into, even though nothing was stolen. Kinda gay.
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      12-03-2007, 10:25 AM   #14
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Originally Posted by darkcloud View Post
Yeah maybe, but is breaking a car window allowed under these so called "regulations"?
No where in his story does he say they broke a window. They just opened his car door.
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      12-03-2007, 10:47 AM   #15
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Originally Posted by Rips335iCoupe View Post
No where in his story does he say they broke a window. They just opened his car door.
well, OP is contradicting himself by saying "they broke into his car" in one sentence and the next sentence saying "they opened up his car". Broke and open up are 2 different things.

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      12-03-2007, 11:09 AM   #16
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Sorry for the horrible paragraph but ya they simply opened the door and took the permit and then towed the car. I looked more into it and apparently my roommate is at fault. He is on private property with a fake permit so the landlord does have a right to tow and examine the permit. So pretty much me and the other roommates will either be kicked out with him or just him. I just needed more assurance so I can start looking for a new place. I knew it was a bad idea.. damn...
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      12-03-2007, 11:22 AM   #17
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if your going to be evicted you might as well do as much damage.
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      12-03-2007, 11:24 AM   #18
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Quote:
Originally Posted by Takumi587 View Post
Sorry for the horrible paragraph but ya they simply opened the door and took the permit and then towed the car. I looked more into it and apparently my roommate is at fault. He is on private property with a fake permit so the landlord does have a right to tow and examine the permit. So pretty much me and the other roommates will either be kicked out with him or just him. I just needed more assurance so I can start looking for a new place. I knew it was a bad idea.. damn...
So does the Landlord also have the right to go in your apartment and go through your stuff. Based on your above statement it would be OK for him to do so a as long as you left the door unlocked. Why would he have permission to go in your friends car when the police would need a warrant to do so?

Why don't you tell the landlord to call it even and leave at did- he doesn't kick you out and you don't press charges.
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      12-03-2007, 11:30 AM   #19
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Quote:
Originally Posted by gadget View Post
So does the Landlord also have the right to go in your apartment and go through your stuff. Based on your above statement it would be OK for him to do so a as long as you left the door unlocked. Why would he have permission to go in your friends car when the police would need a warrant to do so?

Why don't you tell the landlord to call it even and leave at did- he doesn't kick you out and you don't press charges.
Believe it or not but it says on the lease that the landlord has the right to enter the apartment as long as they have a perfect explanation for doing so.
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      12-03-2007, 11:36 AM   #20
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You got screwed....probably not legal for them to do it in the way that they did. But, good luck with taking it anywhere. Probably cost you more to fight it then to just leave as is.
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      12-03-2007, 11:49 AM   #21
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Quote:
Originally Posted by gadget View Post
So does the Landlord also have the right to go in your apartment and go through your stuff. Based on your above statement it would be OK for him to do so a as long as you left the door unlocked. Why would he have permission to go in your friends car when the police would need a warrant to do so?

Why don't you tell the landlord to call it even and leave at did- he doesn't kick you out and you don't press charges.
yes, the landlord does have this right, usually goverened by state law. Usually have to give 24 hrs to enter the premesis.

When you sign a lease you are giving the landlord specific rights, and the state gives the tenant and landlord specific rights that can not be changed by the lease. Read up on this if you are renting. Not all landlords are on the level. While I wouldn't use this ones tactics, it doesn't seem illegal in my state. Different rules govern vehicles vs. occupiable leased space.

You don't sign a lease with the cops - they need a warrant, unless it's your trunk, and then all they need is just cause.
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      12-03-2007, 11:50 AM   #22
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Originally Posted by just4kickz View Post
if your going to be evicted you might as well do as much damage.
That's just brilliant. Idiots like you are the reason I charge such high security deposits and have a 15 page lease. BTW, it's really easy to garnish your wages if you screw up my property and don't want to pay.
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