Dear clock-ga;
Thank you for allowing me an opportunity to answer your interesting
question.
Florida has extraordinarily strict parking and trespassing laws. Since
we do not know the circumstances or the contractual agreement between
you and your landlord, the best we can do is to offer you the law and
let you make your own determination as to whether your landlord was
justified or not as it applies to your situation (and perhaps clarify
if you might be entitled to recourse):
Quoted from Florida State Statutes
http://www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0715/Ch0715.HTM
715.07 VEHICLES PARKED ON PRIVATE PROPERTY; TOWING.--
(1) As used in this section, the term "vehicle" means any mobile item
which normally uses wheels, whether motorized or not.
(2) The owner or lessee of real property, or any person authorized by
the owner or lessee, which person may be the designated representative
of the condominium association if the real property is a condominium,
may cause any vehicle parked on such property without her or his
permission to be removed by a person regularly engaged in the business
of towing vehicles, without liability for the costs of removal,
transportation, or storage or damages caused by such removal,
transportation, or storage, under any of the following circumstances:
(a) The towing or removal of any vehicle from private property
without the consent of the registered owner or other legally
authorized person in control of that vehicle is subject to strict
compliance with the following conditions and restrictions:
1.a. Any towed or removed vehicle must be stored at a site within 10
miles of the point of removal in any county of 500,000 population or
more, and within 15 miles of the point of removal in any county of
less than 500,000 population. That site must be open for the purpose
of redemption of vehicles on any day that the person or firm towing
such vehicle is open for towing purposes, from 8:00 a.m. to 6:00 p.m.,
and, when closed, shall have prominently posted a sign indicating a
telephone number where the operator of the site can be reached at all
times. Upon receipt of a telephoned request to open the site to redeem
a vehicle, the operator shall return to the site within 1 hour or she
or he will be in violation of this section.
b. If no towing business providing such service is located within the
area of towing limitations set forth in sub-subparagraph a., the
following limitations apply: any towed or removed vehicle must be
stored at a site within 20 miles of the point of removal in any county
of 500,000 population or more, and within 30 miles of the point of
removal in any county of less than 500,000 population.
2. The person or firm towing or removing the vehicle shall, within 30
minutes of completion of such towing or removal, notify the municipal
police department or, in an unincorporated area, the sheriff of such
towing or removal, the storage site, the time the vehicle was towed or
removed, and the make, model, color, and license plate number of the
vehicle and shall obtain the name of the person at that department to
whom such information was reported and note that name on the trip
record.
3. If the registered owner or other legally authorized person in
control of the vehicle arrives at the scene prior to removal or towing
of the vehicle, the vehicle shall be disconnected from the towing or
removal apparatus, and that person shall be allowed to remove the
vehicle without interference upon the payment of a reasonable service
fee of not more than one-half of the posted rate for such towing
service as provided in subparagraph 6., for which a receipt shall be
given, unless that person refuses to remove the vehicle which is
otherwise unlawfully parked.
4. The rebate or payment of money or any other valuable consideration
from the individual or firm towing or removing vehicles to the owners
or operators of the premises from which the vehicles are towed or
removed, for the privilege of removing or towing those vehicles, is
prohibited.
5. Except for property appurtenant to and obviously a part of a
single-family residence, and except for instances when notice is
personally given to the owner or other legally authorized person in
control of the vehicle that the area in which that vehicle is parked
is reserved or otherwise unavailable for unauthorized vehicles and
subject to being removed at the owner's or operator's expense, any
property owner or lessee, or person authorized by the property owner
or lessee, prior to towing or removing any vehicle from private
property without the consent of the owner or other legally authorized
person in control of that vehicle, must post a notice meeting the
following requirements:
a. The notice must be prominently placed at each driveway access or
curb cut allowing vehicular access to the property, within 5 feet from
the public right-of-way line. If there are no curbs or access
barriers, the signs must be posted not less than one sign for each 25
feet of lot frontage.
b. The notice must clearly indicate, in not less than 2-inch high,
light-reflective letters on a contrasting background, that
unauthorized vehicles will be towed away at the owner's expense. The
words "tow-away zone" must be included on the sign in not less than
4-inch high letters.
c. The notice must also provide the name and current telephone number
of the person or firm towing or removing the vehicles, if the property
owner, lessee, or person in control of the property has a written
contract with the towing company.
d. The sign structure containing the required notices must be
permanently installed with the words "tow-away zone" not less than 3
feet and not more than 6 feet above ground level and must be
continuously maintained on the property for not less than 24 hours
prior to the towing or removal of any vehicles.
e. The local government may require permitting and inspection of
these signs prior to any towing or removal of vehicles being
authorized.
f. A business with 20 or fewer parking spaces satisfies the notice
requirements of this subparagraph by prominently displaying a sign
stating "Reserved Parking for Customers Only Unauthorized Vehicles
Will be Towed Away At the Owner's Expense" in not less than 4-inch
high, light-reflective letters on a contrasting background.
A business owner or lessee may authorize the removal of a vehicle by a
towing company when the vehicle is parked in such a manner that
restricts the normal operation of business; and if a vehicle parked on
a public right-of-way obstructs access to a private driveway the
owner, lessee, or agent may have the vehicle removed by a towing
company upon signing an order that the vehicle be removed without a
posted tow-away zone sign.
6. Any person or firm that tows or removes vehicles and proposes to
require an owner, operator, or person in control of a vehicle to pay
the costs of towing and storage prior to redemption of the vehicle
must file and keep on record with the local law enforcement agency a
complete copy of the current rates to be charged for such services and
post at the storage site an identical rate schedule and any written
contracts with property owners, lessees, or persons in control of
property which authorize such person or firm to remove vehicles as
provided in this section.
7. Any person or firm towing or removing any vehicles from private
property without the consent of the owner or other legally authorized
person in control of the vehicles shall, on any trucks, wreckers as
defined in s. 713.78(1)(c), or other vehicles used in the towing or
removal, have the name, address, and telephone number of the company
performing such service clearly printed in contrasting colors on the
driver and passenger sides of the vehicle. The name shall be in at
least 3-inch permanently affixed letters, and the address and
telephone number shall be in at least 1-inch permanently affixed
letters.
8. Vehicle entry for the purpose of removing the vehicle shall be
allowed with reasonable care on the part of the person or firm towing
the vehicle. Such person or firm shall be liable for any damage
occasioned to the vehicle if such entry is not in accordance with the
standard of reasonable care.
9. When a vehicle has been towed or removed pursuant to this section,
it must be released to its owner or custodian within one hour after
requested. Any vehicle owner, custodian, or agent shall have the right
to inspect the vehicle before accepting its return, and no release or
waiver of any kind which would release the person or firm towing the
vehicle from liability for damages noted by the owner or other legally
authorized person at the time of the redemption may be required from
any vehicle owner, custodian, or agent as a condition of release of
the vehicle to its owner. A detailed, signed receipt showing the legal
name of the company or person towing or removing the vehicle must be
given to the person paying towing or storage charges at the time of
payment, whether requested or not.
(b) These requirements shall be the minimum standards and shall not
preclude enactment of additional regulations by any municipality or
county including the right to regulate rates when vehicles are towed
from private property.
(3) This section does not apply to law enforcement, firefighting,
rescue squad, ambulance, or other emergency vehicles which are marked
as such or to property owned by any governmental entity.
(4) When a person improperly causes a vehicle to be removed, such
person shall be liable to the owner or lessee of the vehicle for the
cost of removal, transportation, and storage; any damages resulting
from the removal, transportation, or storage of the vehicle;
attorneys' fees; and court costs.
(5)(a) Any person who violates the provisions of subparagraph
(2)(a)2. or subparagraph (2)(a)6. is guilty of a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who violates the provisions of subparagraph (2)(a)7.
is guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
History.--s. 1, ch. 76-83; s. 221, ch. 77-104; s. 2, ch. 79-206; s. 2,
ch. 79-271; s. 2, ch. 79-410; s. 1, ch. 83-330; s. 51, ch. 87-198; s.
3, ch. 88-240; s. 9, ch. 90-283; s. 839, ch. 97-102; s. 18, ch.
2001-64.
- end quote
If you find that your landlord was negligent in one or more of these
requirements or if your situation did not meet the criteria set forth
in the law, then perhaps you have a civil case for recourse.
Otherwise, your landlord acted within his right to tow the vehicle
without prior notice to you at can do so at your expense under the
guidelines of the law, for which you clearly have no recourse
whatsoever.
Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that that my research exceeds your expectations. If you have any
questions about my research please post a clarification request prior
to rating the answer. Otherwise, I welcome your rating and your final
comments and I look forward to working with you again in the near
future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga
INFORMATION SOURCES
FLORIDA STATE STATUTES
http://www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0715/Ch0715.HTM
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