Apartment Parking Laws in California: Towing, EV Chargers & Fees

Apartment parking laws in California sit at the intersection of your lease and a handful of state statutes. The lease decides whether you get a space and on what terms; state law sets the floor your landlord cannot go below, especially around towing, accessibility, and electric vehicle chargers. Knowing where one ends and the other begins is what keeps a parking dispute from turning into a lost car or an eviction threat.

What Your Lease Controls

If your lease includes a parking space, that space is part of what you’re renting. During a fixed-term lease, the landlord cannot reassign it, take it away, or raise the parking fee without your consent. If parking isn’t mentioned in your lease at all, the landlord generally has no obligation to provide it, which is why the parking language is worth reading before you sign.

Your lease or a separate parking addendum should say whether your spot is assigned or unassigned, state the monthly fee if there is one, and cover guest parking and vehicle restrictions such as bans on oversized or inoperable cars. Larger complexes often use a dedicated parking addendum that spells out the exact location of your space and who bears responsibility for damage in the parking area. For a month-to-month tenancy, the landlord has more room to change terms, but must give proper written notice before any change takes effect.

Unbundled Parking Fees in New Buildings

Since January 1, 2025, a pilot program requires certain new apartment buildings to charge parking separately from rent. It applies to residential properties that received a certificate of occupancy on or after that date and contain 16 or more units, in ten counties: Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, and Ventura.¹

If you don’t need a space, you no longer pay for one bundled into rent. If you do lease a space and fall behind on the parking fee, the landlord cannot evict you over it. They can revoke your access to the space after 45 days of nonpayment, but your housing is protected.¹ Older buildings and smaller properties are not covered, so if your building predates 2025 or has fewer than 16 units, this rule doesn’t reach you.

When a Landlord Can Tow Your Vehicle

Towing from apartment complexes is governed by California Vehicle Code Section 22658. A landlord or property manager can authorize a tow in limited circumstances:

A vehicle blocking a fire lane, driveway, or building entrance can be towed immediately.
A vehicle parked in another tenant’s assigned space can be removed on the property owner’s authorization.
An inoperable vehicle (missing engine, wheels, transmission, or other parts needed to drive safely) can be towed, but only after the landlord notifies local traffic law enforcement and 24 hours have passed.²

A landlord cannot tow a vehicle from a tenant’s own assigned space without notice unless the vehicle is inoperable. Before any tow, the landlord must give the tow company written authorization stating the make, model, and license plate, the reason for removal, and the time the vehicle was first observed on the property.²

Signage Requirements

For a tow from private property to be legal without a prior parking violation notice, warning signs must be posted at every entrance. Each sign must be at least 17 by 22 inches with lettering at least one inch tall. It must state that public parking is prohibited, that vehicles will be removed at the owner’s expense, and it must list the phone number of local traffic law enforcement and the name and phone number of each authorized tow company.²

Without proper signage, a vehicle can only be towed after a parking violation notice has been issued and 96 hours have passed.² If the signs at your complex are missing, undersized, or missing required information, a tow relying on the signage provision is noncompliant.

If Your Car Is Being Towed or Has Been Towed

If you catch the truck before your car has left the property, the driver must release it. The tow company can charge up to half the regular towing fee if the car is already hooked up, but nothing more. Once the vehicle is off the property and in transit, the full charge applies.³

To retrieve a car that’s already gone, call the traffic law enforcement number posted on the property’s parking signs and ask which company has it. You’ll need your driver’s license, proof of current registration, and proof of insurance. You have the right to retrieve personal belongings from the vehicle during normal business hours without paying towing or storage fees first. If the vehicle is released within 24 hours of arriving at the storage yard, the storage charge is capped at one day.²

Penalties for Wrongful or Overcharged Tows

Section 22658 attaches steep multipliers to violations:

For a noncompliant tow (improper signage, no written authorization, or failure to state the grounds for removal), the property owner is liable for double the towing and storage charges.²
For excessive towing or storage fees, the tow company is liable for four times the amount charged. Knowingly overcharging is also a misdemeanor punishable by up to $2,500 in fines and up to three months in county jail.³
For failure to notify law enforcement within 30 minutes of removing the vehicle, the tow company is liable for three times the towing and storage charges.³
Refusing to release a vehicle that hasn’t left the property is a misdemeanor.³

If your car was wrongfully towed, document everything: photos of where you parked, photos of any signage (or its absence), and all towing and storage receipts. Send a written demand to the landlord identifying the specific violation and requesting reimbursement. If they refuse, small claims court handles disputes up to $10,000, and the statutory multipliers can turn a $250 tow into a four-figure judgment.

Accessible Parking and Accommodation Requests

The Fair Housing Act requires covered multifamily buildings with four or more units to make at least 2% of parking spaces accessible, on the most accessible route to the building entrance.⁴ Where a property offers different parking types such as garage, covered, and surface-level, accessible spaces must be distributed across them so tenants with disabilities have the same options as everyone else.

Beyond built-in accessible spaces, a tenant with a disability can request a reserved accessible space as a reasonable accommodation, even at complexes that don’t otherwise assign parking. The landlord cannot charge an extra fee or a special deposit for that accommodation. Where the disability is apparent or the tenant holds an accessible parking placard and the link between the disability and the request is clear, the accommodation should be approved. Denying a reasonable request without an undue-burden justification violates fair housing law.

The ADA adds a separate layer for resident parking: at least one accessible space for each mobility-accessible dwelling unit when at least one space is provided per unit, and at least 2% accessible spaces on any resident parking beyond that.⁵

Installing an Electric Vehicle Charger

California law requires landlords to approve a tenant’s written request to install an electric vehicle charging station at a parking space allotted to that tenant. The statute says “shall approve.”⁶

The right comes with conditions. The tenant generally bears the cost of installation, maintenance, and any resulting increase in the property’s insurance. The installation must be done by a licensed electrician and meet all applicable building codes. The landlord can require the use of a specific installer or that the tenant carry insurance covering the equipment. In older multi-unit buildings where the electrical infrastructure needs upgrading, the question of who pays for shared improvements can get complicated. What the landlord cannot do is flatly refuse.

A federal tax credit of 30% of the cost, up to $1,000 per charging port, is available for equipment placed in service through June 30, 2026, if the property is in an eligible census tract.⁷

Landlord Liability for Theft or Damage in the Lot

Most lease parking addendums include a clause disclaiming landlord liability for theft or damage in the parking area. That clause has limits. Under California negligence principles, a landlord can be held liable for vehicle theft or break-ins if the tenant shows that the landlord knew or should have known crimes were likely (usually through prior incidents or complaints), that the landlord failed to take reasonable steps to address the risk such as repairing a broken security gate or replacing burned-out lights, and that the failure contributed to the loss.

These cases are hard. Courts generally assign most of the fault to the thief, and a landlord who responds to complaints and makes repairs in a reasonable time has a strong defense. A landlord who ignores repeated reports or lets security infrastructure sit broken for months is in a weaker position. If your complex has ongoing problems, put every complaint in writing. The paper trail is what separates a dismissed claim from a viable one.

Handling a Parking Dispute

If another vehicle keeps taking your assigned spot, notify your landlord in writing. Email works and creates a timestamp; a photo helps. The landlord is responsible for enforcing the parking rules in the lease, and a written complaint puts the obligation to act on them. Keep a log of dates, times, and photos if it continues. A pattern of inaction can support a claim that the landlord has failed to provide the space you’re paying for.

For disputes over parking fees, tow charges, or lease terms, start with a written demand letter that identifies the lease provision or statute at issue, attaches your documentation, and states the resolution you want. Most landlords respond because the alternative is small claims court, which in California handles disputes up to $10,000. For a parking issue backed by Section 22658’s multipliers, that ceiling is rarely a problem.

1
LegiScan. California Assembly Bill 1317
2
California Legislative Information. California Vehicle Code 22658
3
California Legislative Information. California Vehicle Code 22658
4
HUD User. Fair Housing Act Design Manual – Requirement 2
5
U.S. Access Board. Chapter 5 – Parking Spaces
6
California Legislative Information. California Civil Code 1947.6
7
Internal Revenue Service. Alternative Fuel Vehicle Refueling Property Credit for Individuals