Your car is gone from the apartment lot or the store parking lot, and you're sure you did nothing wrong. Maybe there was no sign. Maybe the truck was already hooking up when you ran out. Whether that tow was legal is usually not a matter of opinion. State law spells out what has to happen before a car can be towed off private property, and the list is longer than most people think.
We read the private-property towing laws of four states that spell these rules out in detail: Texas, California, Florida and New Jersey. Below is what each one requires, what you can get back if a tower or property owner breaks the rules, and the deadline you can't miss. All sections were checked against the official or published statute text on October 28, 2026.
The sign is the first test
In most parking-lot tows, the property owner's right to tow you rests on a sign. If the sign isn't there, isn't at your entrance, or is missing required wording, the tow can fail on that alone.
| State | Minimum sign | Where | What it must say |
|---|---|---|---|
| TX | 18 x 24 in, bottom edge 5 to 8 ft off the ground | Each driveway or curb cut, facing drivers coming in | Who may park, "Towing Enforced", the days and hours of enforcement, a 24-hour phone number |
| CA | 17 x 22 in, letters at least 1 in tall | All entrances, in plain view | No public parking, cars removed at owner's expense, the local police number, the name and phone of each contracted tow company |
| FL | No size; letters at least 2 in, "tow-away zone" at least 4 in | Each driveway access or curb cut, within 10 ft of the road | Unauthorized vehicles towed at owner's expense, the tow company's name and phone |
| NJ | 36 x 36 in | Each vehicle entrance | Who may park and when, the tow company's name, address and phone, the charges, the storage address and hours, and the state consumer hotline |
Sources: Tex. Occ. Code 2308.301 and 2308.302; Cal. Veh. Code 22658; Fla. Stat. 715.07; N.J.A.C. 13:45A-31.6.
Source: Tex. Occ. Code 2308.301; Cal. Veh. Code 22658(a)(1); N.J.A.C. 13:45A-31.6. Florida sets letter heights, not a sign size.
Timing matters too. In Texas, the signs must be up at the time of the tow and for the 24 hours before it. Florida's sign must have been on the property for at least 24 hours before any tow.
Take photos of every entrance sign, or of the spot where a sign should be, before the lot owner can fix it. In Texas, those photos (or a statement that no sign was posted) are part of the court hearing request itself.
When no sign is needed
A missing sign doesn't automatically make a tow illegal. Each state has exceptions, and they explain a lot of the "but there was no sign!" cases.
- Fire lanes and blocked driveways. Texas lets a lot owner tow a car left in a fire lane or blocking a paved driveway or entrance without the sign route, as long as the owner tells you on request which tow company and storage yard were used. New Jersey's sign rule doesn't apply to a car blocking a driveway.
- Homes. California exempts a lot with a single-family house on it. Florida exempts property that's obviously part of a single-family residence. New Jersey exempts single-family homes and owner-occupied buildings of up to six units.
- Personal or written notice. In Texas, a lot owner can skip the sign if you got actual notice, or if a notice went on your windshield and a certified letter was mailed to you. That letter has to give you until the 15th day after the postmark. California allows a tow 96 hours after a parking violation notice was issued to the car. Florida allows it if you were personally told the space was off limits.
- Small businesses in Florida. A business with 20 or fewer spaces can use a simpler "Reserved Parking for Customers Only" sign, in 4-inch reflective letters.
Who said to tow your car
Rules on who can order the tow matter as much as the sign. This is where "spotter" or patrol towing gets caught.
California is the strictest. A tow company can't touch a car on private property without written authorization from the property owner or their employee or agent, who has to be present at the time of the tow and verify the violation. That paper has to list the car's make, model, VIN and plate, the reason, the time the car was first seen, and the time the tow was authorized. Before you pay, the tow company has to hand you a copy. The one exception to the in-person rule is narrow: rental buildings with 15 or fewer units and no on-site staff, when a tenant asks for a car to be towed from the tenant's own assigned space.
The tow company can't be handed a blanket license to tow at its own discretion, either. California allows a standing written authorization only for cars within 15 feet of a fire hydrant, in a fire lane, or blocking the way in or out, and the tower has to photograph the violation before towing.
The tower must also give you a separate notice in English and the area's next most common language:
"If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number]."
New Jersey requires written authorization from the property owner or its agent, present at the time, if the tow happens during the business hours of the premises. A general written authorization is enough outside those hours, and for cars near a hydrant, in a fire lane or blocking an entrance or exit. The tow company also needs a written contract with the property owner.
Texas is looser. The tow company needs written verification from the lot owner that the signs are posted (or that you were given notice). Then the lot owner must either ask for that specific car to be towed or have a standing written agreement with the tow company to enforce the lot, under Section 2308.255.
Kickbacks are banned too. In Texas, a lot owner can't take anything of value from the tower, and neither side can own a stake in the other, under Sections 2308.401 and 2308.402. Florida bans paying or taking money for the privilege of towing from a location, and makes it a third-degree felony. New Jersey bans tow companies from giving anyone a benefit for tips about cars parked without permission.
Texas apartments: no towing just for expired tags
"Can they tow my car for expired tags?" is one of the top suggestions Google offers when you start typing a towing question. In Texas apartment complexes, the answer is usually no.
Section 2308.253 says an apartment lot owner may not tow a car just because it lacks a current plate or registration sticker. The only exception is a lease clause allowing it, and then you must get at least 10 days' written notice first. The notice must say the car will be towed at your expense and give a phone number answered 24 hours a day.
The same section lists what an apartment complex can tow without the normal sign rules. That includes cars blocking a gate or the dumpster area, cars in marked tow-away zones, semi-trailers and truck-tractors not allowed by the lease, and cars leaking a hazardous fluid.
Caught them hooking up? You can stop it
Google's autocomplete is full of versions of the question: "can they tow my car with me in it", "can they tow my car while I'm in it". In all four states, the law makes the tower let go if you get there before the car leaves the property.
| State | If you arrive before the car leaves the lot |
|---|---|
| TX | Not fully hooked up: released free. Fully hooked up: the tower must offer a drop fee of no more than half the maximum towing fee, and take cash, debit or credit |
| CA | Must be released "immediately and unconditionally". Refusing is a misdemeanor. The fee is capped at half the regular towing charge |
| FL | The tower must stop and return the car for no more than half the posted towing rate |
| NJ | Must be released. Only the decoupling fee in the company's filed rate list can be charged |
Sources: TDLR, Towing at a Glance; Cal. Veh. Code 22658(g) and (h); Fla. Stat. 715.07(2)(a)3; N.J.A.C. 13:45A-31.8.
We listed the dollar amounts of those drop fees, plus each state's cap on the tow itself, in How much can a tow company charge?
After the tow: police, distance and payment
Your car can't simply disappear into a yard across the county. Each state puts limits on where it goes and who has to be told.
| State | Police must be told | How far the car can go |
|---|---|---|
| TX | Storage yard reports within 2 hours | Not set in the state sections we reviewed |
| CA | Property owner within 1 hour; the tower owes 3x the charges if it reports later than 30 minutes | Within 10 miles, unless police approve otherwise |
| FL | Tower within 30 minutes | 10 miles (counties of 500,000+), 15 miles in smaller counties |
| NJ | Not set in the state sections we reviewed | The nearest secure storage facility |
Paying. Texas storage yards must take cash, debit and credit cards. California yards must take cash or a credit card, and refusing a card costs them 4 times the charges. New Jersey towers must take cash, an insurance check, or a debit or credit card if the business normally takes cards.
Getting it back. In Florida, the car must be released within 1 hour of your request, you can inspect it first, and you can't be made to sign a damage waiver. Texas yards that don't take cars around the clock must have yours ready within 1 hour, from 8 a.m. to midnight Monday to Saturday and 8 a.m. to 5 p.m. Sunday. California caps the after-hours gate fee at half the hourly tow rate.
Sources: Tex. Occ. Code 2308.2565 and 2303.159; TDLR, Release of Vehicles; Cal. Veh. Code 22658(f), (k), (m), (n); Fla. Stat. 715.07(2)(a)1, 2 and 9; N.J. Predatory Towing Prevention Act and N.J.A.C. 13:45A-31.6. Cities and counties can add their own rules.
In Texas, California and New Jersey, a "cash only" demand is itself a red flag.
What you can get back
| State | If the tow broke the rules |
|---|---|
| TX | Towing, storage and fees plus damages, with no need to prove negligence. If the violation was intentional, knowing or reckless: $1,000 plus 3 times the fees. Separate criminal fine of $500 to $1,500 |
| CA | 4x the tow and storage charges for authorization violations or excessive charges. The property owner is liable for double the charges if the sign or notice rules weren't followed. Misdemeanor up to $2,500 or 3 months in jail |
| FL | Whoever caused an improper tow pays the towing and storage costs, damages, attorney's fees and court costs. Some violations, like storing too far away or refusing to stop or release, are third-degree felonies |
| NJ | A violation is an unlawful practice under the Consumer Fraud Act. The state can order a tower that overbilled to refund the excess with interest |
Sources: Tex. Occ. Code 2308.404 and 2308.405; Cal. Veh. Code 22658(e), (j), (l); Fla. Stat. 715.07(4) and (5); N.J.S.A. 56:13-21.
The Texas deadline: 14 days
Texas gives the clearest route, and the strictest clock. You have the right to a hearing in justice court on whether the tow had probable cause and whether the fees were over the legal limit.
- Car towedThe storage yard must give you the court and tow details
- Ask for a hearingWritten request within 14 days, not counting weekends and holidays
- Hearing heldWithin 21 calendar days of the court getting your request
- RulingThe court decides on probable cause and whether the fees were over the limit
Source: Tex. Occ. Code 2308.452, 2308.456, 2308.458
The 14 days don't start until the tower or storage yard gives you the information you need for the request. If you never got the required notice, there's no deadline at all, per Section 2308.456. Miss the deadline otherwise and you lose the right to a hearing.
At the hearing, the burden of proof is on you, under Section 2308.458. The request has to include your receipt and the sign photos (or a statement that there was no sign). That's why the photos you take in the first hour matter.
What to do in the first hour
- Photograph the signs at every entrance, or the empty posts. Get the wording, the size and the phone number.
- Photograph where you parked, including any curb paint, space numbers or "reserved" markings.
- Call the police non-emergency line. Texas storage yards must report a private-property tow to police within 2 hours, Florida towers within 30 minutes, and California towers within 60 minutes at most. If the police have no record of it, write that down.
- Pay with a card and keep the itemized receipt. In California, ask for the copy of the written authorization they're required to give you.
- Check the car before you drive off. In Florida, you have the right to inspect it, and no damage waiver can be a condition of release.
- Dispute it in writing, and in Texas, file the hearing request inside the 14 days.
None of this means most tows are crooked. Lot owners have a real right to clear their spaces, and most towers working private lots follow these rules. But the rules are specific, and they're on paper. The same approach we used on fire truck prices works here: get the document, then argue.
Laws checked against the statute and regulation text linked above on October 28, 2026. This is a summary, not legal advice. Cities and counties can add stricter rules: Florida's law says its requirements are minimum standards, and Texas cities can regulate towing by ordinance.
