Posted on 01/04/2019 11:54:04 AM PST by Responsibility2nd
As humans, we sometimes make contract agreements that don’t seem to be a big deal or like they’ll become intrusive in our lives down the road—like this Dallas apartment complex’s “fix your car or get towed” policy, no matter how minor the damage. Then, like being backed into out of nowhere, reality hits.
Dallas-Forth Worth news station CBS 11 reports that Sontlux Sukhavachana, who has what looks to be a previous-generation Chevrolet Traverse with a dent in it, said he got a notice on his car recently saying the company that owns the apartment complex he lives in, Fath Properties, planned to tow it. The dent is moderate; it’s not particularly small, but it’s also not something the average passerby would likely care much about.
But at Sukhavachana’s complex, the “fix your car or get towed” rule isn’t about the severity of the car damage—it’s about whether there’s damage at all. Here’s the wording on the agreement, via the Fath Properties website:
One of our unique policies is the Vehicle Condition Agreement that is part of our Rental Criteria and an Addendum to the Lease Agreement. Amazingly it came from our applicants consistently telling us the first thing they looked at were the cars in the parking lot. If the cars were disabled, heavily dented, rusted, unsightly, they assumed the property was poorly operated and their neighbors would be unacceptable. We understand that your automobile is a personal item and as such is your right to drive whatever you want, however from our research, this is something most good customers requested and we do have the right to provide.
If you truly want a clean, quiet, well-maintained place to live and will abide by the rules, I believe we are your best option. If you do not care and do not wish to follow the rules, then you will not be happy living with us.
The specific section on the vehicle agreement ends with the statement that Fath believes “a car that is not well maintained detracts from the overall appearance of [its] customer’s home.”
That agreement, which CBS 11 reports is part of the lease paperwork, could cost Sukhavachana’s one-income family a lot more than a repair payment. He told the outlet fixing the car would mean not being able to make next month’s rent.
Sukhavachana, who has three children and whose family relies on one car, said Fath Properties is “expecting tenants who barely have enough money to make ends meet to invest money in cosmetic damages.” He also claimed the company is “not very motivated to repair things or make the apartment look good,” but wants residents to keep their cars free of damage. Certain Yelp reviews found by CBS 11 supported that statement.
Here’s more on his situation and others, from CBS 11:
“They’re discriminating against people who don’t have very much income,” Sukhavachana said.
Renters sign paperwork agreeing to upkeep their cars as part of their lease agreement.
But renters, including Sukhavachana, claim the rubric is subjective.
One renter said he got his car towed over chipped paint. Another resident said his car was towed because his car was painted two different colors.
CBS 11 reports that Fath Properties owns 30 apartment complexes across the U.S., and that all of them have the same “vehicle condition agreement.” When the outlet reached out to the company for an interview, a spokesperson declined but pointed the outlet toward the website section quoted above.
Here’s part of the statement, via CBS 11:
I don’t feel it is necessary to speak with you directly as this policy has been around for close to forty years and has been abided by and appreciated by the vast majority of our residents. Our policy is clearly communicated to all residents prior to move-in, and the reasoning behind our policy can be found at our website, in the section titled “A Word From Our Owner.”
CBS 11 reports that Sukhavachana got an extension on the tow in December, and that he now has until Friday to get the dent fixed—a deadline CBS 11 reports he “can’t afford to face.”
Or, just catch the rental manager off premises, and in the dark, and give him or her an attitude adjustment and a warning to just collect the rent and mow the grass and mind their own business.
You make a great case for renting to this type of person. Truly.
“If he can afford to rent, he can afford to fix his car.”
And you know that how?
The building management and owners are operating under the “Broken Window Theory,” and aren’t wrong. He did sign the agreement and they have a right not to have cars in their parking lot that deter rent-paying applicants
ping
Frankly I’d countersue for reneging on THEIR promise to keep the apartment complex “as immaculate’ as the cars in the parking lot.
And then move the hell out.
That’s pretty slanderous unless you have proof that Fath Properties has a policy not to rent to a certain classes of people.
Harry Fath started his company many years ago. They are strick, sometimes maybe too strict but it is explained clearly in advance. The property manager or leasing agent inspects all vehicles before anyone signs a lease.
I don’t work for Fath and never have. I have interviewed with them.
I’m a property manager for another company and I hear over and over about people checking out the parking lot to see what kind of cars are in the lot. Vehicle condition is IMPORTANT.
I was told by my husband that further down the thread people say it’s illegal to tow a car without a court order. I can assure you in Ohio no court order is necessary to tow a car. It is normal to give 24 hours notice but under certain circumstances no notice is necessary. I’ve had three cars towed since mid Dec. Two with no notice.
Poor people are not a protected class of people. Poor people are discriminated against ( legal) every day. Maybe if they were that poor Fath shouldn’t have rented to them and they need to tighten up their screening process.
The web site lets you know in advance what is expected if you think you want to live there. If you don’t like it it saves everyone time if you look elsewhere. When you sign the lease you also sign an addendum stating what the the car rules are.
The word “unsightly” is the important word.
Do you know for certain that that particular state requires a court order to tow a car.
I sure don’t need one in Ohio to tow a car.
Do you know for certain that that particular state requires a court order to tow a car.
I sure don’t need one in Ohio to tow a car.
Damn. Don’t you ever manage any property I’m renting. You’d end up chasing out a damned good payer and quiet tenant.
From what I understand this contract has stood the test of time.
It’s probably been challenged and since it is still their policy the courts must have upheld it.
Same in Ohio.
I'm with you.
Bull, we have strict vehicle rules where I work and we don’t get kick backs from our towing company.
Our policy is strict but not as strict as the Fath policy.
Ohio can tow without a court order. I’m sure Ohio isn’t the only state that doesn’t need a court order.
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