Private property towing laws in Virginia are among the most detailed and consumer-protective in the United States, yet they are also some of the most misunderstood. Many vehicle owners believe that if a car is parked on private property—such as an apartment complex, shopping center, office building, or retail lot—the property owner or towing company has unlimited authority to tow it.

In reality, Virginia law tightly regulates when, how, and why a vehicle may be removed from private property, and any deviation from those rules can make the tow illegal.

Illegal or improper private property towing is a widespread problem in Virginia. Drivers often face sudden vehicle removal, excessive fees, lack of notice, and difficulty retrieving personal property.

These situations are not just inconvenient—they are frequently violations of specific Virginia statutes that exist to prevent predatory towing practices. Understanding private property towing laws in Virginia is essential for tenants, visitors, customers, property owners, and towing companies alike.

This in-depth guide explains Virginia’s private property towing laws in plain language, including the exact statutes that apply, signage requirements, authorization rules, fee regulations, law enforcement notification mandates, and vehicle owner rights. It also covers common illegal towing scenarios, what to do if your car is unlawfully towed, and how to protect yourself from future towing disputes.

Whether your vehicle was towed from an apartment complex, retail lot, or commercial property, this article provides the legal clarity you need.

Private Property Towing Laws Virginia

What Is Considered Private Property Towing in Virginia?

Private property towing in Virginia refers to the removal of a vehicle from non-public land that is owned or controlled by a private entity. Common examples include:

• Apartment complexes and condominiums

• Shopping centers and retail parking lots

• Office buildings and business parks

• Hotels and motels

• Gated communities

• Private driveways

Unlike public property towing, which is typically initiated by law enforcement, private property towing is initiated by property owners or their authorized agents. Because of the potential for abuse, Virginia law imposes strict requirements to protect vehicle owners from unfair or deceptive towing practices.

Core Principles of Private Property Towing Laws in Virginia

Virginia’s private property towing laws are built around five core principles:

1. Authorization – A tow must be properly authorized

2. Notice – Clear signage and disclosure are required

3. Accountability – Law enforcement must be notified

4. Fairness – Fees must be reasonable and lawful

5. Access – Vehicle owners retain rights after towing

If any one of these principles is violated, the tow may be unlawful.

Virginia Laws Governing Private Property Towing

Private property towing laws in Virginia are codified primarily in Virginia Code §§ 46.2-1231 through 46.2-1233.2. These statutes apply statewide and are enforceable against towing companies and property owners.

Virginia Code § 46.2-1231 — Authority to Tow From Private Property

Virginia Code § 46.2-1231 establishes when a vehicle may be removed from private property.

Under this law:

• A vehicle may only be towed if it is unauthorized under posted parking rules

• The tow must be authorized by the property owner or a designated agent

• Towing companies may not initiate tows on their own

• Authorization must be documented and verifiable

Any tow performed without valid authorization may qualify as illegal private property towing in Virginia.

Virginia Code § 46.2-1231.1 — Notice to Law Enforcement

This statute requires towing companies to notify local law enforcement within one hour of towing a vehicle from private property.

The notice must include:

• Vehicle description

• License plate number

• Location from which the vehicle was removed

• Storage location

Failure to notify law enforcement within the required timeframe is a direct statutory violation and often invalidates the tow.

Virginia Code § 46.2-1231.2 — Private Property Tow-Away Signage Requirements

Virginia Code § 46.2-1231.2 governs signage requirements for private property towing.

The law requires:

• Clearly visible tow-away signs

• Signs posted at entrances or throughout the property as needed

• Signs must state:

  • Unauthorized vehicles will be towed

  • Name of the towing company

  • Phone number for vehicle recovery

Missing, obscured, misleading, or insufficient signage is one of the most common reasons private property towing is illegal in Virginia.

Virginia Code § 46.2-1233.1 — Towing and Storage Fees

This statute regulates towing and storage charges.

Key protections include:

• Fees must be reasonable

• Charges must be clearly disclosed

• Excessive, hidden, or unauthorized fees are prohibited

• Unlawful administrative or convenience fees are not allowed

If fees violate this statute, the tow may be challenged even if the initial removal was lawful.

Virginia Code § 46.2-1233.2 — Vehicle Release and Personal Property Rights

Virginia Code § 46.2-1233.2 protects vehicle owners after towing.

It guarantees:

• Access to retrieve personal belongings from the vehicle

• The right to reclaim the vehicle if the owner arrives before removal is complete

• Prohibits towing companies from holding personal property hostage

Violations of this statute frequently support claims of illegal private property towing.

Signage Requirements Under Virginia Private Property Towing Laws

Signage is one of the most critical elements of lawful private property towing in Virginia.

What Proper Signage Must Include

• Clear tow-away language

• Towing company name

• Accurate phone number

• Visibility from normal driving or walking paths

Common Signage Violations

• Signs hidden behind foliage

• Faded or damaged signs

• Signs posted only at one entrance

• Conflicting or confusing parking rules

Improper signage alone can render a tow unlawful.

Authorization Rules for Private Property Towing

Towing companies cannot self-authorize private property tows in Virginia.

Authorization must:

• Come from the property owner or designated agent

• Be specific to the vehicle

• Be documented

Blanket authorizations or informal approvals often violate Virginia law.

Fee Limits and Payment Rules

Virginia law does not allow towing companies to charge whatever they want.

Common illegal fee practices include:

• Inflated hook-up fees

• Excessive daily storage charges

• Cash-only payment demands

• Undisclosed after-hours fees

Any of these may support a claim under Virginia Code § 46.2-1233.1.

Rights of Vehicle Owners Under Virginia Law

Vehicle owners retain significant rights even after towing.

These include:

• Right to personal property

• Right to documentation

• Right to challenge the tow

• Right to lawful fees

Being towed does not mean you have waived your legal protections.

What To Do If Your Vehicle Is Illegally Towed From Private Property

1. Contact local law enforcement

2. Document signage and parking location

3. Request authorization records

4. Retrieve the vehicle promptly

5. Keep all receipts and records

Quick action strengthens your position.

Legal Remedies for Illegal Private Property Towing in Virginia

Victims may recover:

• Towing and storage fees

• Transportation costs

• Lost wages

• Vehicle damage

• Court costs

Small claims court is often effective for towing disputes.

Local Ordinances May Impose Stricter Rules

Many Virginia counties and cities impose additional requirements on private property towing. A tow legal under state law may still be illegal under local ordinance.

Why Private Property Towing Disputes Are Increasing in Virginia

• Urban growth

• Limited parking

• Aggressive towing contracts

• Weak oversight

Understanding the law is the best defense.

Private Property Towing Laws Virginia (FAQs)

1. Can my car be towed from private property in Virginia?

Yes, but only if all statutory requirements are met.

2. Is signage required for private property towing?

Yes. Improper signage can invalidate the tow.

3. Can a towing company tow without owner authorization?

No. Self-initiated towing is prohibited.

4. Do towing companies have to notify police?

Yes, within one hour of the tow.

5. Can I retrieve personal items from my vehicle?

Yes, Virginia law guarantees this right.

6. Are towing fees regulated in Virginia?

Yes. Fees must be reasonable and disclosed.

7. Can I sue for illegal private property towing?

Yes. Many victims recover damages through court action.

Conclusion

Private property towing laws in Virginia are designed to protect vehicle owners from abuse while still allowing property owners to enforce parking rules lawfully.

When towing companies or property managers ignore statutory requirements related to authorization, signage, notice, fees, or vehicle owner rights, the tow becomes illegal.

Understanding these laws empowers drivers to recognize violations, document misconduct, and pursue appropriate remedies. Illegal private property towing is not just unfair—it is actionable under Virginia law.

If your vehicle was towed from private property and the law was not followed, take immediate action, assert your rights, and hold the responsible parties accountable to prevent future abuses.