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Your rights after a tow in California

California law sets rules for towing from private property, such as apartment complexes and store lots. Counties and cities set the maximum rates. Here is what the law says, in plain English.

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Tow-away signs and reasons for a tow

A sign must be in plain view at every entrance to the property. It must be at least 17 by 22 inches, with lettering at least 1 inch tall. Cal. Veh. Code 22658(a)(1) (opens in a new tab)
The sign must ban public parking, say cars will be removed at the owner's expense, and list the local traffic police phone number plus the name and phone number of each tow company with a written agreement with the property owner. Cal. Veh. Code 22658(a)(1) (opens in a new tab)
A sign is not the only legal basis. A car can also be towed 96 hours after a parking violation notice, or after 24 hours if it is missing major parts and police were told. A lot with a single-family home needs no sign. Cal. Veh. Code 22658(a)(2)-(4) (opens in a new tab)
On a lot open to the public for free parking, the owner or agent may not have you towed within one hour of parking. Exceptions include fire lanes, fire hydrant zones, blocked entrances and disabled spaces, and the rule does not cover residential or room-assigned hotel parking. Cal. Veh. Code 22953(a)-(c) (opens in a new tab)

Written authorization for the tow

A tow company must first get written authorization from the property owner or lessee (or an employee or agent) who is present and verifies the violation. A narrow exception covers small rental properties of 15 units or fewer with no on-site owner, where the tenant requested the tow. Cal. Veh. Code 22658(l)(1)(A) (opens in a new tab)
Before you pay, the company must give you a photocopy of the written authorization. It shows the grounds, when your car was first seen, and when the tow was authorized, and it must come with a notice of the phone number to report a wrongful tow. Cal. Veh. Code 22658(l)(1)(B)-(C) (opens in a new tab)

If you get back before the tow leaves

If you return after your car is hooked up or lifted but before it is removed from the lot, the company may charge no more than half its regular towing charge. The regular charge applies only after the car has left the property and is in transit. Cal. Veh. Code 22658(h) (opens in a new tab)
If your car has not yet been removed and is not in transit, the driver must release it immediately and unconditionally when you or your agent asks. Refusing is a misdemeanor, and you must then move the car to a lawful spot right away. Cal. Veh. Code 22658(g) (opens in a new tab)

Where your car can be taken and who must be told

The storage lot must be within 10 miles of the property. That limit does not apply if the tow company has prior general written approval from the local police or sheriff. Cal. Veh. Code 22658(n)(1) (opens in a new tab)
The property owner must report the tow to local traffic police within 1 hour of authorizing it. The tow company must also notify police once the car is in transit, with a misdemeanor after 60 minutes (or 15 minutes after reaching the lot) and triple the charges owed to you after 30 minutes. Cal. Veh. Code 22658(f), (m) (opens in a new tab)

Getting your car back

The storage lot must stay open during normal business hours, which the law sets as Monday to Friday, 8 a.m. to 5 p.m., except state holidays, and must release cars after hours. An after-hours gate fee may be charged, capped at half the hourly tow rate. Cal. Veh. Code 22658(n)(2) (opens in a new tab)
No lien attaches to your belongings in the car. You can take them back during normal business hours without charge, even before paying towing and storage. Cal. Veh. Code 22851(b); 22651.07(c)(1) (opens in a new tab)
Before paying, you have the right to inspect your car at no charge, and your insurer can inspect it during business hours. California's towing statutes do not address a release form that waives damage claims, so read what you sign. Cal. Veh. Code 22651.07(c)(3) (opens in a new tab)
Photograph the car and write any damage on the release paperwork before you leave, since the company is liable for damage in transit and storage and you will need proof. Cal. Veh. Code 22658(f)(1) (opens in a new tab)
Documents that entitle you to the car include a certificate of ownership, registration, ownership information the company already holds, or a notarized owner letter with photo ID. A lender or its agent needs an assignment, photo ID and a title or similar document, and notarization cannot be required. Cal. Civ. Code 3068.1(a)(2); Veh. Code 22658(q) (opens in a new tab)
The storage lot must accept a valid bank credit card (in your name) or cash and post a notice saying so. Refusing is a misdemeanor and the operator owes you four times the towing and storage charges. Cal. Veh. Code 22658(k) (opens in a new tab)
California's private-property tow law sets no maximum number of hours for the lot to hand over the car once you ask. If you ask within the first 24 hours and the lot is closed or refuses, only one day of storage may be charged until after the first business day. Cal. Veh. Code 22658(i)(3) (opens in a new tab)

What they can charge

There is no statewide price list. A charge is excessive if it is more than the greater of the rate the company charges under its police or sheriff agreement for that city or county, or its rate approved by the California Highway Patrol for that area. Cal. Veh. Code 22658(i)(1)(A) (opens in a new tab)
The company must show its CHP-approved rate within 24 hours of a request from law enforcement or prosecutors. Before you pay, it must give an itemized invoice and a copy of the Towing and Storage Fees and Access Notice on request. Knowingly overcharging is a misdemeanor, and an excessive charge makes the company liable for four times the amount. Cal. Veh. Code 22658(i)(1)(B); 22651.07(a)-(b) (opens in a new tab)
If your car is released within 24 hours of arriving at the lot, only one day of storage may be charged. After 24 hours, each calendar day or part of a day can be charged, and you pay no lien fee if you retrieve the car in the first 72 hours. Cal. Veh. Code 22658(i)(2); 22651.07(c)(2); Civ. Code 3068.1(a) (opens in a new tab)

Liens, notices and auction deadlines

For cars valued at $4,000 or less, the lienholder must get owner names from the DMV and send a Notice of Pending Lien Sale by certified mail or certificate of mailing. The notice must state the lien amount and give you a right to a court hearing by returning a Declaration of Opposition within 10 days. Cal. Civ. Code 3072(a)-(c) (opens in a new tab)
Lien sale proceedings must start within 15 days after the lien arises. The sale date must be set 31 to 41 days after the notice is mailed, and the notice must also be posted at least 10 days before the sale. Cal. Civ. Code 3068.1(b); 3072(c), (f) (opens in a new tab)

If you think the tow was wrong

The private-property tow law has no bond-and-hearing procedure like some states. For a car subject to a lien sale, filing a Declaration of Opposition within 10 days sends the matter to court, and you can also sue for damages and multiplied charges. Cal. Civ. Code 3072(c)-(d); Veh. Code 22658(j) (opens in a new tab)
You can sue the property owner, tow company or storage lot for multiplied charges: 2 times for a tow within the first hour on a free-parking lot, 4 times for an excessive rate or missing authorization. Report violations to local police, the district attorney, city attorney or Attorney General. Cal. Veh. Code 22953(e); 22658(e), (j), (k), (l) (opens in a new tab)
If you paid by credit card, you can dispute the charge with your card issuer. For billing errors, your written dispute generally must reach the issuer within 60 days of the first bill showing the charge. Whether a tow charge qualifies is up to the issuer. Fair Credit Billing Act (FTC guidance) (opens in a new tab)

Where to complain

Local police or sheriff (traffic enforcement). The tow company must give you a notice with the phone number of the local law enforcement or prosecuting agency to call about a wrongful tow. Police can also help get a car released and receive the tow report.
District attorney, city attorney or California Attorney General. Tow companies must make their CHP-approved rates and tow authorizations available to these offices on request, and they can prosecute overcharges and unauthorized tows.
San Diego City Attorney Towing Complaint Form. For tows in the city of San Diego, the City Attorney's Affirmative Civil Enforcement Unit takes towing complaints. File a complaint (opens in a new tab)

California small claims court handles claims up to $12,500 for individuals (up to $6,250 for businesses). You can sue there for the multiplied-charge penalties and damage if you represent yourself.

Check your tow

Sources

Last checked 2026-10-17. These are the laws and official pages this page is based on.