When an apartment complex in Dallas, Texas, tows and sells a vehicle without proper notice, the legal rights and remedies available to the vehicle owner depend on several factors, including the terms of the lease, Texas property law, and towing regulations.

Legal Rights

• Notice Requirements: Texas law requires that apartment complexes provide clear parking policies, typically included in the lease or as a separate document. If the lease specifies notice requirements before towing (such as a 24-hour notice), the complex must follow these terms.
• Towing Authorization: Towing companies must have a state-issued permit and written authorization from the property owner to tow a vehicle from private property.
• Storage and Sale: After towing, the vehicle is usually stored at a Vehicle Storage Facility (VSF). Texas law regulates how long a vehicle must be stored before it can be sold, and requires that the owner be notified before sale. If the vehicle is sold without proper notice, this may violate state law.
• Right to Hearing: If you believe your vehicle was wrongfully towed, stored, or sold, you may request a tow hearing at any Justice of the Peace Court in the county where the tow occurred. This request must be made within 14 days of the tow.

Remedies

• Tow Hearing: You can challenge the tow, storage, or sale of your vehicle in court. If the court finds the tow or sale was wrongful, you may be entitled to compensation for damages, including the value of the vehicle and any towing or storage fees paid.
• Breach of Contract: If the apartment complex violated the terms of your lease (such as failing to provide required notice before towing), you may have a claim for breach of contract. This could entitle you to damages for any losses suffered as a result.
• Civil Theft or Conversion: If the vehicle was sold without proper notice or authorization, you may have a claim for civil theft or conversion, which could allow you to recover the value of the vehicle and possibly additional damages.
• Documentation: It is important to gather evidence, such as your lease, any notices received (or not received), photos of parking signs, and correspondence with the apartment complex or towing company.

Key Points

• Lease Terms Matter: The specific terms of your lease and the apartment’s parking policy are critical in determining whether the tow and sale were lawful.
• State Law Protections: Texas law provides protections against wrongful towing and unauthorized sale of vehicles, including the right to a hearing and requirements for notice before sale.
• Time Limits: Act quickly—requesting a tow hearing must be done within 14 days of the tow.

If you believe your rights have been violated, consider reviewing your lease, documenting all relevant facts, and exploring your options for a tow hearing or legal action.