0
Is it legal to reposes your vehicle when parked on private property that is posted private property like at a apartment complex parking lot in the state of Florida?
Wiki User
∙ 15y ago
Repossession as defined in Florida Statute 493.6101 (22): "Repossession" means the recovery of a motor vehicle as defined under s. 320.01(1), a mobile home as defined in s. 320.01(2), a motorboat as defined under s. 327.02, an aircraft as defined in s. 330.27(1), a personal watercraft as defined in s. 327.02, an all-terrain vehicle as defined in s. 316.2074, farm equipment as defined under s. 686.402, or industrial equipment, by an individual who is authorized by the legal owner, lienholder, or lessor to recover, or to collect money payment in lieu of recovery of, that which has been sold or leased under a security agreement that contains a repossession clause. As used in this subsection, the term "industrial equipment" includes, but is not limited to, tractors, road rollers, cranes, forklifts, backhoes, and bulldozers. The term "industrial equipment" also includes other vehicles that are propelled by power other than muscular power and that are used in the manufacture of goods or used in the provision of services. A repossession is complete when a licensed recovery agent is in control, custody, and possession of such repossessed property. Under the contract or security agreement, you most likely gave the lender authority to repo the car at any time or place. You might ask yourself this Question: How could someone possibly give a lender permission to go on someone elses private property? I could see if the private property is that of the debtor, but what if it's the debtor's place of employment which is private property? Answer "Private Property" signs do not stop anyone from entering a parking lot. Now, if they added "No Trespassing", it might make a little difference, but doesn't the Pizza delivery man still get in? If you have a "legal purpose" for entering private property, it is not trespassing if you do not damage any property. If you have to cut a lock to get into the lot, that's damage. Another example, your driveway is private property and so is the mall parking lot, but the repo man can take your vehicle from either of these places. The mall may even have a sign that says "Private Property". Florida Statute 715.07 (2)(a) states: The towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to strict compliance with the following conditions and restrictions: Section 8. Vehicle entry for the purpose of removing the vehicle or vessel shall be allowed with reasonable care on the part of the person or firm towing the vehicle or vessel. Such person or firm shall be liable for any damage occasioned to the vehicle or vessel if such entry is not in accordance with the standard of reasonable care. Another scenario is that the Association already has a tow truck company that they use to tow vehicles. Unfortunately, the bank/lien holder of the vehicle is not going to contact nor will they have the information for that same tow truck company to get the vehicle repossessed. Therefore, the bank/lien holder uses whatever company they use and based on Florida Statute 715.07 (2)(a)8. vehicle entry for the purpose of removing the vehicle shall be allowed with reasonable care.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Can a police officer give a parking ticket in an apartment complex in Virginia?
Yes, if the owner of the complex has given the police written permission to issue tickets on the property.
Is it legal to tow a vehicle in an apartment complex without giving the driver a warning or parking ticket?
That's going to be a matter of local law or, possibly, of a provision in your rental contract, Although it's perfectly legal in all places I can think of offhand. I actually just watched a car get towed from the complex I live in for parking in someone else's assigned parking spot. If the parking lot of the complex is private property, adherence to the rules of the property owner is implied by you parking your vehicle there, and they may reserve the right to have unauthorised or improperly parked vehicles removed. Parking tickets are a non-issue, unless it's public property.
What are the features of The Contour apartment complex?
Some of the features of The Contour apartment complex are: On-site parking, fully furnished residents lounge, as well as a landscaped roof deck with outdoor seating.
Who is liable If a resident of an apartment complex damages their car while parking in the tenant's apartment parking area due to a broken concrete tire block with rebar sticking out?
The Apt. comp. is responsible!!!!!
Who is responsible if your car is vandalized while parked in your apartment complex parking stall?
You and your insurance company are responsible.
A tree fell on my car while i were in it and totaled it in an apartment complex parking lot does their insurance have to cover it?
You will have to file a claim on your own comprehensive auto Insurance. A property owners insurance will not cover damages to your vehicle unless you could prove willful negligence. This is because a property owner is not liable for an act of nature.
Who is responsible for car vandalism on a rental property the landlord or the tenant my car is parked in a reserved parking space at my apartment complex which I pay every month?
Unless your rental agreement specifies liability belongs to the landlord, it would be very unusual for the landlord to have any liability.
Are gated apartment complexes private property?
An apartment complex is almost always private property, with or without a gate or fence, owned by the landlord, or jointly if they are condos. Even if it is owned by the municipality, there may also be a fence or gate and access is restricted to residents and their visitors, although it is not technically "private" property. As part of the subdivision or cluster housing plans, the private apartment complex developer may have also given "dedicated ways" to the municipality, for purpose of access by emergency vehicles and other services. If that is the case, one could argue that such streets must be open to the public, even though they are still "private property". Consider, for example, that a shopping mall, and its parking areas, is also "private property", but open to the public, subject to private rules.
Can a landlord restrict non-residents from parking in the residents parking lot?
If the parking lot is on city property (not owned by the landlord), city rules will dictate who can park there and when. However, if the parking lot resides entirely on private property, and assuming that proper signage is in place, then YES the landlord can restrict the parking spaces to residents only. Most apartment/condo parking lots at the very least offer someparking spaces for visitors.
What are some advantages of living in a duplex as opposed to an apartment complex?
The biggest advantage is you only have one neighbor. Another advantage is that you will probably have a closer parking spot.
Can an individual get rights to a front row parking space in an apartment complex just because she has twins when others have children also and have been living there longer?
I dont see how unless you pay the other people for there parking spot. Only fair. Such an issue would be the decision of the owners of the apartment complex and not subject to litigation. There would be a presumption of the law that persons opposed have the choice of moving from the facility or tolerating the situation. It may not be fair, but it is legal.
Do most apartment building include parking spaces?
Usually yes. You'll usually get a resident permit in some places but sometimes they can be open to public. If your apartment doesn't have parking spaces near your apartment, then it won't (obviously).
