Your rights after a tow in New Hampshire
New Hampshire 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.
Pick your city
Tow-away signs
- If your car was towed from a parking lot or parking garage, the tow and storage charges cannot be billed to you unless a conspicuous notice was posted there saying illegally parked cars are subject to towing at the owner's expense. RSA 262:40-a, IV (opens in a new tab)
- The statute only requires the notice to be conspicuous and to say illegally parked vehicles may be towed at the owner's expense. It sets no minimum letter size, sign spacing, advance-posting time or tow company name or phone requirement. RSA 262:40-a, IV (opens in a new tab)
Who can order a tow, and the notice you are owed
- The owner or person in lawful possession of private property may have a car removed if it is parked there without permission or looks abandoned. They must remove it in a reasonable manner and tell a peace officer as soon as reasonably possible. RSA 262:40-a, I(a) (opens in a new tab)
- The police must be told about a private-property tow as soon as reasonably possible. NH sets no fixed number of minutes, and police departments must keep a log of tow requests and notices, so call the local police non-emergency line to find your car. RSA 262:40-a, I and V (opens in a new tab)
- The person who ordered the tow must try, by the most practical means, to tell the registered owner that the car was removed and where it was taken, if the owner's name and address can be found in state registration records. RSA 262:34 (opens in a new tab)
- The last registered owner is generally responsible for the reasonable towing and storage costs, unless they can show the car was sold to someone else or was reported stolen. RSA 262:40-a, IV (opens in a new tab)
Getting your car back
- The owner or another person lawfully entitled to possession can recover the car by paying all reasonable towing and storage charges, which also releases the lien on the car. RSA 262:33, II (opens in a new tab)
- The storage company may take loose items out of the car and hold them for unpaid fees, but must not hold wallets, purses, life-essential clothing, mail, legal documents, car seats, eyeglasses, medicine, medical equipment or house keys. This rule is in a 2026 amendment that takes effect January 1, 2027. RSA 262:35-a, III (eff. Jan. 1, 2027) (opens in a new tab)
- Towing and storage charges become a lien against the vehicle, meaning the company can keep the car until they are paid. The company may sell it later only after following the notice rules. RSA 262:33, I; RSA 450:1 (opens in a new tab)
- NH law says a custodian is not liable for damage in storage if due care was used. Photograph the car and write any damage on your paperwork before you drive away. RSA 262:35 (opens in a new tab)
Fees and contesting the tow
- NH sets no dollar maximum for private-property tows. Fees that come out of removal and storage must be reasonable and may reflect distance, vehicle size, time, special equipment and personnel costs. RSA 262:35-a, I (opens in a new tab)
- If you think the fee is unreasonable, you can pay it to get the car back, then ask the commissioner of safety in writing for a review within 15 days of release (30 days from the invoice for tows after January 1, 2027). Miss the deadline and you are treated as having waived review. RSA 262:35-a, I (opens in a new tab)
- If a police officer ordered the tow and you think there were no grounds, you can pay to release the car and ask in writing, within 15 days of the tow (30 days from the invoice from January 1, 2027), for a hearing before the head of that police agency. RSA 262:33, II-III (opens in a new tab)
- These review steps do not stop you from asking a court to review whether the tow or the charges were reasonable. RSA 262:35-a, II (opens in a new tab)
- State law found here sets no cap on private-property tow rates and does not address city rates. Check your city's rules or the tow company's posted rates. RSA 262:35-a, I (opens in a new tab)
If the car is not claimed
- A storage company may dispose of a car not claimed within 20 days if it is more than 5 model years old, or within 30 days if newer, after giving the required notice. Cars worth under $1,000 or fit only for salvage can be disposed of in 15 days. RSA 262:36-a (opens in a new tab)
- Before a sale, notices must be posted in 2 or more public places at least 14 days ahead, and sent to the owner's last known address by certified mail or in person if it can be found. Cars worth over $1,000 also need a newspaper notice. RSA 262:38 (opens in a new tab)
- If the car is sold, money left after the liens and sale costs belongs to the owner if claimed within one year; after that it goes to the state. RSA 262:39 (opens in a new tab)
- The claim period is extended by 14 days, or until release, if the towing company knows the owner is hospitalized or in jail after an accident. RSA 262:36-a, IV (opens in a new tab)
Paying and getting money back
- 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)
- If you cannot settle, you can sue in small claims court for up to $10,000. Cases above $1,500 can be moved to superior court if either side claims a jury trial. RSA 503:1 (opens in a new tab)
Where to complain
- NH Commissioner of Safety fee review. After paying to get your car back, ask in writing for a review of whether the towing or storage fee was reasonable, within 15 days of release (30 days from the invoice for tows after January 1, 2027). The statute names this route for tows 'caused to be removed by an authorized official', so it is unclear if it covers a tow ordered only by a property owner.
- Local police hearing. For tows ordered by a police officer, request in writing a hearing before the head of that police agency within 15 days of the tow (30 days from the invoice from January 1, 2027).
A small claim is a dispute over money or damages of $10,000 or less. Over $1,500 either side can claim a jury trial, which moves the case to superior court.
Sources
Last checked 2026-10-17. These are the laws and official pages this page is based on.
- https://www.gencourt.state.nh.us/rsa/html/XXI/262/262-40-a.htm (opens in a new tab)
- https://www.gencourt.state.nh.us/rsa/html/XXI/262/262-34.htm (opens in a new tab)
- https://www.gencourt.state.nh.us/rsa/html/XXI/262/262-33.htm (opens in a new tab)
- https://www.gencourt.state.nh.us/rsa/html/XXI/262/262-35-a.htm (opens in a new tab)
- https://www.gencourt.state.nh.us/rsa/html/XXI/262/262-35.htm (opens in a new tab)
- https://www.gencourt.state.nh.us/rsa/html/XXI/262/262-36-a.htm (opens in a new tab)
- https://www.gencourt.state.nh.us/rsa/html/XXI/262/262-38.htm (opens in a new tab)
- https://www.gencourt.state.nh.us/rsa/html/XXI/262/262-39.htm (opens in a new tab)
- https://consumer.ftc.gov/articles/disputing-credit-card-charges (opens in a new tab)
- https://www.gencourt.state.nh.us/rsa/html/LI/503/503-1.htm (opens in a new tab)