Private Property Towing: Rules, Fee Caps, and How to Fight an Illegal Tow

In most states, a private property owner, landlord, or business operator cannot simply have a car hauled away on a whim. State non-consent towing statutes across the country, including verified statutes in Texas, California, Florida, Virginia, and Washington, require both the property owner and the towing company to follow three core legal safeguards before and immediately after removing a vehicle.

First, the property must display clear, permanent tow-away warning signs at every vehicle entrance (unless the car is blocking an active fire lane, driveway, or disabled space, or parked at a single-family home). Second, the property owner, lessee, or an authorized agent must legally authorize the removal rather than letting a tow truck driver patrol and take cars on their own. Third, the tow operator or storage lot must report the tow to local police within a strict statutory window (ranging from immediate notice in Washington and 30 minutes in Florida to 1 hour in California and 2 hours in Texas) so you know your car was impounded rather than stolen.

Texas regulates private property non-consent towing and vehicle storage facilities statewide under Texas Occupations Code Chapters 2308 and 2303 and the Texas Department of Licensing and Regulation (TDLR) rules in 16 Texas Administrative Code Chapters 86 and 85. For a standard private property tow to be legal in Texas, compliant tow-away signs must have been installed at the parking facility for at least 24 hours before the tow (Tex. Occ. Code Sec. 2308.252(a)(1)). Exceptions allow immediate towing without 24-hour entrance signs only if the driver received actual notice or if the car is blocking a traffic aisle, entrance, exit, another parked car, or a paved driveway, parked in a disabled space without a placard, leaking hazardous fluid, or parked in a red fire lane marked 'FIRE LANE--TOW AWAY ZONE' in 3-inch white letters at 50-foot intervals (Tex. Occ. Code Secs. 2308.251, 2308.252(a)(4)).

Texas sign rules are strict (Tex. Occ. Code Secs. 2308.301, 2308.302). Every required sign must be made of weather-resistant material, measure at least 18 inches wide by 24 inches tall, and be permanently mounted on a pole, post, wall, or barrier on the parking facility so its bottom edge sits 5 to 8 feet above the ground. A sign must face and be conspicuously visible to drivers entering each driveway or curb-cut (or be spaced no more than 25 feet apart if an uncurbed entrance is wider than 35 feet). From top to bottom, the sign must show a bright red international towing silhouette at least 4 inches tall on a white background, followed by 'Towing Enforced' (or 'Towing and Booting Enforced') in 2-inch white letters on a bright red background, then 1-inch bright red letters on a white background stating who may park, the words 'Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense', the days and hours of enforcement, and a 24-hour phone number to locate the car.

A towing company cannot legally tow a car from a private lot unless the parking facility owner (or authorized manager/lessee) has provided written verification that compliant signs were posted or notice was given, and the facility owner either requests the specific tow or has a standing written agreement with the tow company to enforce parking rules (Tex. Occ. Code Sec. 2308.255(a), (d)). Parking facility owners and tow companies are prohibited from exchanging kickbacks or holding financial interests in each other (Tex. Occ. Code Secs. 2308.401, 2308.402).

TDLR caps private property non-consent towing fees statewide under 16 TAC Sec. 86.455(b), though a city or county may set a lower local cap (Tex. Occ. Code Sec. 2308.2065). For a standard passenger vehicle (light-duty, 10,000 pounds gross weight rating or less), the maximum private property tow fee is $272 (medium-duty 10,001 to 24,999 lbs is capped at $380; heavy-duty 25,000 lbs or more is capped at $489 per unit up to $978). If you return to your car while the driver is hooking it up, your rights depend on whether hookup is complete: if the car is not yet fully hooked up and ready for towing, the driver must release it immediately at no charge and without requiring proof of ownership. If the car is fully hooked up and ready for transport but has not left the parking lot, the driver must advise you of your right to pay an on-scene drop fee capped at $135 for light-duty vehicles ($190 medium-duty; $244 heavy-duty) and must accept cash, debit cards, and credit cards (16 TAC Sec. 86.455(c)-(e)).

Once your car reaches a Vehicle Storage Facility (VSF), the VSF must report the tow to local police within 2 hours (Tex. Occ. Code Sec. 2303.1511(a)). Daily storage is capped at $22.85 per day for vehicles 25 feet long or less ($39.99 per day if over 25 feet). If your car is on the lot across two calendar days for less than 12 hours total, the VSF can only charge 1 day of storage. The only other allowed VSF charges are a one-time $22.85 impoundment fee (only if the VSF performs and documents specific tasks like a written property inventory or registration lookup on the invoice), a $50 certified-mail notification fee (which cannot be charged if you pick up a Texas-registered vehicle within the first 24 hours, and must be mailed by day 5 or storage is capped at 5 days), and any applicable local government fee (Tex. Occ. Code Secs. 2303.151(a), 2303.155). VSFs must accept cash, debit cards, and credit cards, and must let you access your car for free to retrieve ownership documents or personal belongings.

Booting is also legal on private property in Texas under Tex. Occ. Code Sec. 2308.257, but only if compliant Subchapter G signs warning of booting have been posted for at least 24 hours. The boot operator must place a conspicuous notice on the front windshield or driver's side window listing the date and time of installation, the booting company's name, address, and phone number, a 24-hour phone number to arrange removal, the boot removal fee, your right to a court hearing, and local complaint instructions. Upon removal, the operator must give you a detailed receipt, and the booting company must accept electronic checks, debit cards, and credit cards (if they cannot accept your card or electronic check, they cannot collect any fee).

Every driver whose vehicle is towed or booted without consent in Texas has the right to a 'probable cause' tow hearing in any Justice of the Peace (justice) court in the county from which the car was towed (Tex. Occ. Code Secs. 2308.452, 2308.453). You must deliver a written hearing request to the justice court before the 14th day after the vehicle was placed in storage or booted, excluding Saturdays, Sundays, and legal holidays (though the 14-day clock does not run if the VSF or tow company failed to give you written notice of your hearing rights at payment, per Sec. 2308.456(a), (c)). The court may charge a filing fee of $20, and the court must hold the hearing within 21 calendar days (Secs. 2308.457, 2308.458(a)). If the judge finds no probable cause or an illegal fee, the responsible party must refund your tow and storage fees and court costs, and intentional, knowing, or reckless violations of Chapter 2308 carry civil liability of $1,000 plus three times all fees assessed (Tex. Occ. Code Sec. 2308.404(c)). You can also file an administrative complaint online with TDLR at tdlr.texas.gov/complaints/ and read more in our Texas towing laws guide.

If your car was towed from an apartment complex in Texas, you have extra statutory protections under both the Texas Property Code (Sec. 92.0131) and the Texas Occupations Code (Sec. 2308.253) beyond standard commercial parking lot rules. Under Texas Property Code Sec. 92.0131(b)-(c), if an apartment landlord has vehicle towing or parking rules when you sign your lease, the landlord must give you a copy of the rules before the lease is executed. Either you must sign the rules directly, or they must be in the signed lease or a signed attachment expressly referenced in the lease, and the heading must read 'Parking' or 'Parking Rules' in capital letters, underlined, or bold print.

Texas law also restricts how landlords manage resident parking permits and rule changes during your lease. As a precondition for letting a tenant park in a specific spot or common lot, a landlord (outside certain border municipal housing authorities) may only require the vehicle's make, model, color, year, license number, and state of registration (Tex. Prop. Code Sec. 92.0131(c-1)). If the apartment complex changes its parking or towing policies mid-lease, such as switching to a new sticker or digital permit portal, management must deliver written notice to you and cannot enforce the new rule until at least the 14th day after notice is delivered, except in a construction or utility emergency (Tex. Prop. Code Sec. 92.0131(d)-(e)). A landlord who violates any of these lease disclosure or 14-day notice rules is liable to the tenant for a $100 civil penalty plus all towing and storage costs, attorney's fees, and court costs (Tex. Prop. Code Sec. 92.0131(f)).

Furthermore, under Texas Occupations Code Sec. 2308.253(d)-(e), an apartment complex cannot tow a vehicle merely because its license plate or registration insignia is expired unless the lease expressly allows it and the complex gives the vehicle owner or operator at least 10 days' written notice (delivered in person, sent by certified mail, return receipt requested, or attached to the front windshield or driver's side window) with a 24-hour phone number. Any apartment lease clause that conflicts with Sec. 2308.253 is void and unenforceable (Sec. 2308.253(g)). However, an apartment complex can tow an unattended car without waiting 10 days if it blocks a pedestrian or vehicle gate, blocks access to a communal trash dumpster, parks in a properly marked restricted/resident/employee space or a painted 'TOW AWAY ZONE' with 3-inch contrasting letters, is an unauthorized semitrailer or trailer, or leaks hazardous fluids (Sec. 2308.253(b)).

In California, California Vehicle Code (CVC) Sec. 22658 governs private property impounds. Unless a vehicle has been issued a parking violation notice and 96 hours have passed, is missing major parts needed to operate safely for 24 hours after police notice, or is on a single-family lot, the property must display a sign at least 17 by 22 inches with 1-inch lettering in plain view at all entrances prohibiting public parking, stating vehicles will be removed at the owner's expense, and listing the local traffic law enforcement phone number and the name and phone number of each contracted towing company (CVC Sec. 22658(a)).

California requires the property owner, lessee, or agent to be present and sign a specific written authorization verifying the violation before the tow begins (with narrow exceptions for residential properties of 15 or fewer units and general agreements for fire lanes, within 15 feet of fire hydrants, disabled spaces, or blocked entrances) and to notify local traffic law enforcement within 1 hour of authorizing the tow (CVC Sec. 22658(f), (l)(1)(A)). The tow operator must also notify law enforcement within 60 minutes after the car is removed and in transit (or within 15 minutes if the owner could not be notified) and mail written notice to the registered owner (CVC Sec. 22658(b), (m)).

If you return before your car is removed from the private property and in transit, the tow driver must immediately and unconditionally release the vehicle upon request; if the car is already coupled to the truck or lifted off the ground, the driver may charge a drop fee of no more than one-half (50%) of the regular towing rate (CVC Sec. 22658(g)(1)(B), (h)). California does not set a single statewide dollar figure for private property tows; instead, towing and storage charges cannot exceed the local law enforcement agency's approved tow rate for that city or county, or the California Highway Patrol (CHP) approved rate, whichever is greater (CVC Sec. 22658(i)(1)(A)). Storage is limited to 1 day if the car is released within the first 24 hours, the storage lot must be within a 10-mile radius unless police approve otherwise, and the lot must accept cash and valid bank credit cards (CVC Sec. 22658(i)(2), (k)(1), (n)(1)(A)). Overcharging or refusing credit cards makes the operator liable for four times (4x) the amount charged, while a property owner who tows without required signs is liable for double (2x) the towing and storage fees (CVC Sec. 22658(e)(1), (j)(1), (k)(4)). You can complain to your local police tow detail, city or district attorney, or California Attorney General, and read full details in our California towing laws guide.

In Florida, private property non-consensual towing is governed by Florida Statutes Sec. 715.07 and Sec. 125.0103 (updated by 2024 HB 179 / Ch. 2024-27). Before towing an unauthorized vehicle (except from a single-family residence or after personal notice), the property owner or lessee must post signs at each driveway access or curb cut within 10 feet of the road (or every 25 feet if uncurbed) for at least 24 hours. Signs must sit 3 to 6 feet above the ground, display 'tow-away zone' in letters at least 4 inches high, state in 2-inch light-reflective letters that unauthorized vehicles will be towed at the owner's expense, and list the towing company's name and current phone number (Fla. Stat. Sec. 715.07(2)(a)5.).

The towing firm must report the tow to the municipal police department or sheriff within 30 minutes after completing removal and store the vehicle within a 10-mile radius in counties of 500,000 or more people, or a 15-mile radius in smaller counties (Fla. Stat. Sec. 715.07(2)(a)1.-2.). If you return while your car is in the process of being towed, the operator must stop and return the vehicle upon payment of a reasonable service fee of no more than one-half (50%) of the posted towing rate (Fla. Stat. Sec. 715.07(2)(a)3.). Once towed, the storage lot must stay open from 8:00 a.m. to 6:00 p.m. on days it tows and must return to release your car within 1 hour of a call when closed (Fla. Stat. Sec. 715.07(2)(a)1.a., 9.).

Florida does not set a single fixed statewide dollar cap in Sec. 715.07; instead, Fla. Stat. Sec. 125.0103(1)(c)-(d) requires every county (or municipality) to establish maximum rates for private property towing, storage, and immobilization, publish those rates on its website, and maintain a complaint resolution process for overcharges. In any area where a county or city has not set local maximum rates, the Florida Highway Patrol (FHP) maximum rates under Sec. 321.051(2) apply by law. Under Fla. Stat. Sec. 715.07(4), anyone who improperly causes a vehicle to be removed is liable to the vehicle owner for all towing and storage costs, vehicle damage, attorney's fees, and court costs. You can file complaints with your county consumer protection or towing agency and learn more in our Florida towing laws guide.

If your car was towed or booted from a private lot or apartment complex, acting quickly protects both your wallet and your legal evidence. Because daily storage charges add up every 24 hours, your immediate priority is documenting the scene, getting your vehicle out of storage, and preserving the paperwork required for a refund demand, regulatory complaint, or court hearing.

Follow these six concrete steps to challenge an illegal tow or overcharge. If you want a structured demand letter citing the exact towing statutes for your state, you can use our $29 dispute letter as one option, or write your own demand letter using the rules on this page.