What Property Owners Can and Cannot Do When Towing Your Car

Private property towing in South Carolina: what the law allows

A property owner can have your car towed from their land without a court order, but only under specific conditions. South Carolina law says the owner must post a visible towing notice, you must have no legal right to park there, and the tow must follow the rules about notice and storage. The tow company cannot charge you a fee for removing the vehicle if the notice was missing or unreadable — that is the property owner's problem, not yours.

The most common situation is a parking lot where you parked without permission, overstayed a time limit, or violated a posted rule. A landlord can also tow a tenant's vehicle if the lease forbids it or if you park in a space assigned to someone else. The key difference from police impound is that private towing does not require a crime — only a property rights dispute.

What matters most is what the property owner posted before the tow happened. If there was no sign, or the sign was too small to read from a normal parking distance, the tow may be unlawful and you may have grounds to recover the tow and storage fees.

Key Takeaways

• A property owner can tow your car only if they posted a visible warning sign before you parked, and you had no legal right to be in that space.
• The tow company must give you written notice within 24 hours of the tow, including the reason, the lot location, the tow company name and phone number, and the storage address.
• You can retrieve your vehicle during business hours without a court order, but you must pay the tow fee and daily storage charges unless the tow was unlawful.
• If the property owner or tow company cannot prove they posted a readable sign, you may not owe the tow fee, and you can demand the vehicle be returned at no cost.
• Storage fees are capped by state law and cannot exceed a set daily rate; the tow company must provide an itemized receipt showing all charges.

What signs must say and where they must be posted

South Carolina requires the property owner to post a sign that is readable from a normal parking distance — usually at least 17 inches tall with letters at least 1.5 inches high. The sign must state that unauthorized vehicles will be towed, give the property owner's name and phone number, and list the tow company name and phone number. A tiny sign on a fence post or a sign so faded you cannot read it from your car does not meet the law.

The sign must be posted before you park. If you parked in a lot with no sign, or a sign that was covered, damaged, or missing, the tow company cannot legally charge you a tow fee. You can demand the vehicle be returned at no cost. The burden is on the property owner to prove the sign was visible and readable at the time you parked.

Multiple signs around the lot are better than one, especially in large parking areas. A sign at the entrance and signs in each section make it harder to argue you did not see it. But one properly posted sign is legally enough.

Notice requirements after your car is towed

Within 24 hours of towing your vehicle, the tow company must give you written notice. This notice must include the date and time of the tow, the reason (such as "parked without permission" or "overstayed time limit"), the lot address where the car was towed from, the tow company's name and phone number, the storage facility address, and the tow and storage fees. The notice can be left on your windshield, mailed to your address if the company has it, or given to you in person.

If you do not receive notice within 24 hours, that is a violation of state law. You can still retrieve your vehicle, but you have grounds to dispute the charges or file a complaint with the South Carolina Department of Consumer Affairs.

The notice must be clear and in plain language. If the tow company lists a phone number that does not work or an address that is wrong, that counts as failure to provide proper notice.

Tow and storage fees: what you must pay

South Carolina law sets a maximum tow fee and daily storage rate, though the exact amounts can change. As of the most recent update, the state caps the tow fee at a set amount (check with the South Carolina Department of Consumer Affairs for the current limit), and daily storage is also capped. The tow company must provide an itemized receipt showing the tow charge, each day of storage, and any other fees.

You can retrieve your vehicle during the tow company's business hours without a court order. You do not have to wait for a hearing or permission from the property owner. Bring your driver's license and proof of ownership (registration or title). If the vehicle is registered to someone else, you may need written permission from the registered owner.

If you believe the fees are too high or the tow was unlawful, you can still pick up the car and then dispute the charges in small claims court or file a complaint with the Department of Consumer Affairs. Paying the fee does not waive your right to challenge it later.

When a tow is unlawful and what you can do

A tow is unlawful if the property owner did not post a readable sign, if you had legal permission to park there (such as a valid parking pass or lease), or if the tow company failed to provide notice within 24 hours. It is also unlawful if the tow company charged more than the state-set maximum or if the property owner towed your car in retaliation for a complaint or legal action.

If you believe your tow was unlawful, you have several options. First, contact the tow company and the property owner in writing and demand the vehicle be returned at no cost, citing the specific violation. Keep copies of all correspondence. If they refuse, you can file a complaint with the South Carolina Department of Consumer Affairs, which investigates towing violations.

You can also sue in small claims court to recover the tow fee, storage charges, and sometimes additional damages. Bring photos of the lot (showing no sign or an unreadable sign), your receipt for the tow and storage, and any written correspondence with the tow company or property owner. Small claims court has a filing fee, but if you win, the defendant usually pays it back.

Towing from apartment complexes and HOA lots

Landlords and homeowners associations can tow vehicles from their property, but they must follow the same sign and notice rules. A landlord can tow a tenant's car if the lease forbids it, if you park in a space assigned to another tenant, or if you are no longer a tenant and have no right to be there. An HOA can tow if the community rules forbid parking in a certain area or if you are a guest who overstayed.

The sign must still be posted and readable, and notice must still be given within 24 hours. If your landlord or HOA towed your car without a sign or without notice, the same unlawful tow rules apply. You can demand the vehicle back at no cost and file a complaint with the Department of Consumer Affairs.

If you are a tenant and your landlord towed your car, check your lease first. If the lease allows the tow, you owe the fee. If the lease does not mention towing or if the tow violated the lease terms (such as towing from a space you were allowed to use), you may have grounds to dispute it or to withhold rent in some cases — but consult a lawyer before doing that.

How to dispute a tow charge or file a complaint

Start by sending a written letter to the tow company and the property owner explaining why you believe the tow was unlawful. Be specific: cite the missing sign, the lack of notice, the excessive fee, or whatever the violation was. Include copies of your receipt, photos of the lot, and any other evidence. Send the letter by certified mail so you have proof it was received.

If the tow company or property owner does not respond within 10 business days, or if they refuse to refund your money, file a complaint with the South Carolina Department of Consumer Affairs. You can file online, by mail, or by phone. The department will investigate and may order the tow company to refund your fees if it finds a violation.

If the Department of Consumer Affairs does not resolve it, or if you want to pursue it faster, file a case in small claims court. The filing fee is usually under $200. You do not need a lawyer, and the process is designed for people representing themselves. Bring all your evidence: the receipt, photos, the certified mail receipt showing you notified them, and any written responses they sent you.

Frequently Asked Questions

Can a property owner tow my car if I parked there by accident?

Yes, if you had no legal right to park there. Accident or not, if you parked in a private lot without permission and the owner posted a sign, the tow is lawful. Your only defense is if the sign was missing or unreadable, or if you had permission (such as a guest pass). Mistake is not a legal excuse.

What if the tow company lost my car or damaged it during the tow?

The tow company is responsible for damage caused by negligence during the tow. If your car was damaged, document it with photos and get a repair estimate. Send a demand letter to the tow company and the property owner. If they refuse to pay, you can sue in small claims court or civil court, depending on the damage amount. Keep all receipts and repair invoices.

Can I get my car back if I cannot pay the tow and storage fees right now?

South Carolina law does not require the tow company to release the car without payment, even if you dispute the charges. However, you can still retrieve it and then dispute the fees in court or with the Department of Consumer Affairs. If you win the dispute, you can recover the money you paid. Some tow companies will negotiate a payment plan — ask.

Does the property owner have to give me a reason why my car was towed?

Yes. The written notice must state the reason — such as "parked without permission," "overstayed time limit," or "parked in assigned space." If the notice does not give a reason, or the reason is vague, that is a violation. You can use that as grounds to dispute the tow.

What if my car was towed from a public street, not private property?

That is a police impound, not private towing, and different rules apply. Contact the local police department or the city impound lot. Private property towing rules do not cover public streets or city-owned parking lots.