Can My Apartment Tow My Car for Not Being on the Lease After Four Years in California?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
The property managers put a tow sticker on my car yesterday, saying it will be towed on Sunday. I've been living on the property for over four years now, and they know I live in the unit nearby. They said it's because I'm not on the lease. I've never been on the lease. I can't have them tow my car. I have a meeting with them tomorrow.
1. I have been Parking my car here for years. No issues ever. I've been living on the property for 4 years now.
Attorney Answer
Because your meeting is tomorrow and the tow is threatened for Sunday, the priority right now is documentation, not waiting to sort this out later.
California Vehicle Code 22658 governs when a vehicle can be towed from private property, including apartment complexes, and it requires property owners and managers to follow specific notice and posting procedures before a tow is lawful. Simply not being named on a written lease does not automatically strip you of rights here, especially after four years in the unit with management's knowledge. If they've allowed your car on the property without issue for four years, that history matters, both for challenging the tow itself and for whatever is really driving this decision.
There's also a separate but related issue worth raising with an attorney: California law generally recognizes tenant rights based on actual residency and the landlord's knowledge and acceptance of that residency over time, not just whose name is on a lease document. Four years of living there, with management aware, can support an argument that you have tenant status and protections regardless of the lease paperwork, which matters beyond just the car.
Before your meeting tomorrow
1. Gather anything showing you live there: mail addressed to you at the unit, utility bills, rent payment records, or texts and emails with management. 2. Photograph the tow sticker and any posted towing signage in the parking area before it's removed. 3. Ask management, in writing if possible, exactly why this is happening now after four years without any issue, and try to get their answer in writing too. 4. Bring up your residency history directly at the meeting, and don't agree to move the car permanently or sign anything before understanding your options. 5. If the car does get towed despite this, keep every receipt. Improper towing can sometimes be challenged for reimbursement of towing and storage costs.
Given the short timeline, a tenant rights attorney or local legal aid hotline may be able to talk with you today or tomorrow, before your meeting.
This is general legal information, not legal advice. A local lawyer in California can advise you on your specific situation.
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Frequently Asked Questions
Can a landlord tow a resident's car just for not being on the lease?
Not automatically. California Vehicle Code § 22658 requires specific notice and posting procedures before a private property tow is lawful, and long-term residency with management's knowledge can be a relevant factor in challenging it.
Do I have tenant rights if I've never been added to the lease?
Often yes, in part. California law generally looks at actual residency and the landlord's knowledge and acceptance over time, not just the lease document, though the specifics depend on the situation. A tenant rights attorney can evaluate this properly.
What can I do if my car gets towed unfairly?
Keep every receipt and document from the tow and storage company. If the towing didn't follow California's required notice procedures, you may be able to challenge the charges or seek reimbursement.
