Unauthorized parking is one of the most common complaints property managers deal with. California lets property owners have unauthorized vehicles towed, but the rules in Vehicle Code section 22658 are strict, and getting them wrong can leave the property liable. Here's an overview.
This article is general information, not legal advice. For your specific situation, read CVC section 22658 or talk to an attorney.
Post the Right Signs
For most private property towing, a sign must be posted in plain view at every entrance to the property. Under section 22658, the sign must:
- Be at least 17 by 22 inches, with lettering at least one inch high
- Say that public parking is prohibited and that vehicles will be removed at the owner's expense
- List the phone number of the local traffic law enforcement agency
- List the name and phone number of each towing company you have a written towing agreement with
Missing or outdated signs are one of the most common reasons a tow gets disputed. If you change towing companies, update your signs.
Have a Written Towing Agreement
Before any tows happen, the property owner or manager and the towing company sign a general towing authorization agreement. It spells out who at the property can authorize tows, which areas are enforced, and how vehicles will be handled.
Authorize Each Tow in Writing
California requires written authorization for each individual tow, signed by the property owner, the lessee, or their employee or agent. The authorization records details such as the vehicle's description and plate, the reason for the tow, when the vehicle was first seen parked, and the name and contact information of the person authorizing it.
The person authorizing the tow generally must also be present at the time of removal and verify the violation. There is a narrow exception for residential rentals of 15 units or fewer with no onsite owner, manager, or employee: a tenant can request a tow from their own assigned space with a signed request, and the owner or agent authorizes it without being present.
Who Pays for the Tow?
In a lawful private property tow, the towing and storage charges are paid by the vehicle's owner when they retrieve it. If a tow turns out to be improper, the person who authorized it can be held liable to the vehicle owner, which is why following the rules matters.
How Vehicle Owners Get Their Cars Back
After a tow, the towing company reports it to local police and stores the vehicle at its yard. Owners call the number on your sign, then come to the yard with ID and proof of ownership to pay and pick it up. A towing company that answers the phone 24/7 and handles releases professionally means fewer angry calls to your office.
Setting Up Towing for Your Property
KO Towing & Recovery provides private property towing for apartments, HOAs, retail centers, and offices across Orange County and Los Angeles. We'll walk your property, look over your signs, and set up a written towing agreement before any vehicle is towed.
Property manager or HOA board? Call KO Towing & Recovery at (714) 766-1669 to set up towing service.