In California, a parking lot or apartment complex can have your car towed only if the property owner or an authorized agent approves it, and in most cases only after posting a specific warning sign at every entrance. The tow company needs written authorization, must report the tow to police quickly, must release your car if you show up before it leaves the property, and may not charge more than a legal ceiling tied to police tow rates. Most of these rules come from California Vehicle Code section 22658.
When you are standing in an empty space and storage charges have already started, those rules give you specific things to check.
The sign rule and its exceptions
As a general rule, a car can be removed from private property without the owner's say-so only if a sign is displayed in plain view at all entrances. Under section 22658(a), that sign must be at least 17 by 22 inches with letters at least one inch high, and it must say that public parking is prohibited and that vehicles will be removed at the owner's expense. It must also list the local traffic enforcement agency's phone number and the name and phone number of each towing company that has a written general towing authorization with the property.
Without that sign, removal is allowed only in a short list of situations:
| Situation | Rule |
|---|---|
| Parking violation notice was issued | The vehicle may be removed once 96 hours have passed since the notice |
| Vehicle is missing a major part (engine, transmission, wheels, tires, doors, windshield) and cannot operate safely | The owner must notify local traffic enforcement, and 24 hours must pass |
| The lot belongs to a single-family dwelling | No signage or waiting period |
Cities can add requirements of their own.
What the tow company must have
Apart from the narrow cases described in the next paragraph, the company needs written authorization from the property owner, lessee, or their agent. That person must be present when the car is removed and must verify the violation, with a narrow exception for some small residential rentals. The authorization must include the vehicle's make, model, VIN and plate number, the authorizer's name, signature, job title, address and phone number, the grounds for the tow, and the times the vehicle was first seen and the tow was authorized.
The property owner cannot hand the decision to tow over to the tow company. The owner, lessee or their agent has to authorize each removal. The exception is a car within 15 feet of a fire hydrant, in a fire lane, or blocking an entrance or exit: a written agreement can let the tow company remove those on its own.
Before you pay, you are entitled to a photocopy of the authorization and a notice that includes the phone number of law enforcement. The company must keep these records for three years.
Calling the police: two clocks
The property owner must notify the local traffic law enforcement agency by phone within one hour of authorizing the tow. The tow operator has its own deadline: it must notify local law enforcement after the vehicle has been removed and is in transit, and failing to do so within the earlier of 60 minutes after removal or 15 minutes after arriving at the storage facility is a misdemeanor. Separately, if the tow company has not notified police within 30 minutes of removal, it is civilly liable for three times the towing and storage charges.
That is why police can often tell you where a towed car went. If you cannot find yours, see the guide to finding and recovering a towed car.
If you catch the truck before it leaves
Section 22658(g) is the single most useful provision for a driver. Until the vehicle is removed from the property and is in transit, the tow company must, on your request, release it immediately and unconditionally. Failing to do so is a misdemeanor. You must then move the car to a lawful spot right away.
If the car has already been hooked up but has not left, the company may charge up to one-half of its regular towing charge. The full charge applies only after the car has been removed and is in transit. If you can run out to the lot in time, you may pay far less than if you arrive an hour later.
Where the car can be stored and what you can be charged
- Distance. The storage yard must be within a 10-mile radius of the place the car was removed, unless the local law enforcement agency has given prior general written approval for a longer distance.
- Hours. It must be open during normal business hours, defined as Monday through Friday, 8 a.m. to 5 p.m., excluding state holidays, and must release vehicles after hours. After-hours, weekend and holiday gate fees may not exceed one-half the hourly tow rate.
- Payment. The yard must accept cash and a valid bank credit card in the presenter's name, and post a notice saying so. Retail store cards are excluded.
- Storage after a quick pickup. If the car is released within 24 hours of being stored, the yard may charge no more than one day of storage. If you ask for it in that window and the yard is closed or fails to comply, you still owe only one day's charge until the first business day.
- Rate ceiling. A charge is excessive if it exceeds the greater of the rate under a local law enforcement rotation agreement or the rate approved by the CHP. Operators must produce their CHP-approved rate within 24 hours when police or a prosecutor asks for it. More on rates is in the guide to typical towing costs.
Penalties and how disputes work
A tow company or property owner that breaks these rules can face civil liability. Depending on the violation, that can mean four times the towing and storage charges, three times if the police notice comes more than 30 minutes after removal, or double charges for a property owner who fails to meet the sign rules. Some violations are misdemeanors punishable by a fine of up to $2,500, up to three months in county jail, or both. Damage done to the car during the tow is a separate claim against the tow company.
One thing to know before you spend time on it: the post-storage hearing described in section 22852 does not apply to vehicles removed from private property under section 22658. A dispute usually goes through the tow company, the local traffic enforcement agency, and if necessary small claims court. Private parking "tickets" are a separate question: in a 2011 opinion, the California Attorney General concluded that section 22658 does not give private property owners the power to issue parking citations with monetary penalties. If a lot demands a fine, ask what legal authority it relies on. You can read the statute text at the California Legislative Information site.
For the warning signs of a predatory operator, see the guide to choosing a tow company.
A quick checklist for tenants and visitors
- Photograph the sign at the entrance, the parking space and your car before you leave it.
- If the car is gone, call the local traffic enforcement agency's non-emergency line before assuming it was stolen.
- Ask for the tow company's name, yard address, hours and the reason for the tow.
- Request a copy of the written authorization before you pay, preferably by card, and keep every receipt.
Frequently Asked Questions
Can a private lot tow my car without a warning sign?
Only in limited cases, such as a car left 96 hours after a parking violation notice, a vehicle missing major parts after police are notified and 24 hours pass, or a lot attached to a single-family home. Otherwise, a sign meeting the statute's size and content is required at each entrance.
What if I get back before the truck drives away?
The tow company must release the car on request, immediately and unconditionally, as long as it has not been removed from the property and is not in transit. If the car is already hooked up, the company may charge up to half its regular towing charge.
Can the tow yard refuse a credit card?
Under section 22658(k), yards must accept cash and a valid bank credit card in the presenter's name, and must post a notice saying so. Refusing is a misdemeanor, and the owner may recover four times the charges.
Do I get a hearing like I would after a police impound?
No. The post-storage hearing under section 22852 does not cover private-property tows under section 22658. Disputes typically go through the tow company, the local traffic enforcement agency, or small claims court.