Can My California Landlord Tow My Unregistered Car From the Lot?

Attorney Answer

A landlord can generally have a vehicle towed from the property under certain conditions, but California law also puts real limits on how that can be done, so it is worth checking whether your landlord is following the rules.

California Vehicle Code section 22658 governs towing vehicles from private property, including apartment and rental parking lots. Generally, before a vehicle can be towed, the property needs proper posted signage about towing rules, and the vehicle owner or tenant often has to be given some notice and a chance to respond, especially when the vehicle belongs to a resident rather than an unknown trespasser. If your landlord skips required notice or signage, the tow itself could be improper, and you may be able to dispute the towing and storage charges or recover them.

On the registration issue itself. Leaving an unregistered car parked in your own apartment complex's lot is not itself a registration violation. Under California Vehicle Code section 4000(a)(1), registration is required to drive, move, or leave a vehicle standing on a highway or in an offstreet public parking facility, and section 4000(a)(2) defines that term as a publicly owned parking facility or a free one held open for retail customers. Section 4000(a)(3) then expressly exempts a vehicle stored in a privately owned offstreet parking facility with the permission of that facility's owner. So the car sitting in your complex's lot is not breaking section 4000 — driving it on the road would be. Dealing with the registration is still worth doing. If the vehicle is not currently being driven, California's DMV offers a Planned Non-Operation status, which lets you avoid standard registration fees and requirements for a vehicle that stays parked and off public roads while you save up or arrange repairs. This will not necessarily satisfy your lease's parking rules, but it can resolve the underlying registration problem at a lower cost than paying to reinstate full registration.

On your lease. Many leases require vehicles parked on site to be currently registered and operable. If yours does, your landlord likely has the right to enforce that rule, even though the specific towing process still needs to follow state law. Check your lease for the exact parking terms.

Steps to take now:

1. Read your lease's parking and vehicle rules closely. 2. Ask your landlord, in writing, for a short amount of time to register the vehicle or arrange Planned Non-Operation status, or to move it off site. 3. Confirm the property has proper towing signage posted, since this affects whether a tow would be lawful. 4. If the vehicle is towed without proper notice or signage, keep your receipts and lease and consider disputing the charges.

This is general legal information based on California law, not legal advice for your specific situation. A local tenant rights attorney or legal aid clinic can review your lease and advise on whether your landlord followed the required towing process.