A private-property tow is illegal in Texas when it happens without the §2308.301 signs or without a TDLR-licensed PP operator. The vehicle owner has three paths: a TDLR complaint, a tow hearing in JP court within 14 days, and civil liability under §2308.404.

What makes a private-property tow illegal

A private-property tow is unauthorized when:

  • The lot lacks compliant signs under §2308.301 (size, height, content, placement)
  • The operator is not TDLR-licensed as a Private Property operator
  • The vehicle has a valid lease, permit, or other authorization to be on the lot
  • The tow was ordered by someone without authority to order it (not the property owner or authorized agent)
  • The signs do not match the actual parking rules enforced

If any of those apply, the tow can be dismissed at a hearing.

File a TDLR complaint

TDLR licenses PP operators and VSFs. If you have a complaint about an operator or a VSF, file at the TDLR complaint page. Common complaint categories:

  • Operator was not TDLR-licensed
  • Signs on the lot did not comply with §2308.301
  • Operator charged prohibited fees (environmental, notary, personal property access)
  • Operator held personal property hostage
  • Operator held the vehicle past the legal storage cap

TDLR’s response time is usually several weeks. The complaint stays on the operator’s record.

Request a tow hearing within 14 days

You have the right to a hearing in JP court within 14 days under Occ. Code §§2308.452, 2308.456. At the hearing, the tower has to prove:

  • The lot had compliant signs at the time of the tow
  • The operator had authority to tow (from the property owner or authorized agent)
  • The vehicle was not authorized to be on the lot

If the tower cannot prove any of those, the tow is dismissed. You may get your fees back.

Civil liability under §2308.404

Under §2308.404, an unauthorized tow can lead to civil liability against the operator and the property owner. The damages typically include:

  • The tow and storage fees you paid
  • Reasonable costs related to the wrongful tow (transportation, time off work)
  • In some cases, additional damages under Texas common law

The civil case is filed in justice court (small claims) or county court, depending on the amount in controversy. A Texas attorney can advise on the specific dollar amount and the right court.

What to do right now

If your car was illegally towed from a private lot in Houston:

  • Document the lot’s signage with photos and timestamps
  • Note the operator’s name, truck number, and TDLR license number (or ask for it)
  • Pay the lawful charges to get the car out (do not refuse payment)
  • Keep the receipt and the photo evidence
  • File a TDLR complaint within a few weeks
  • File the tow hearing request in writing before the 14th day after you receive the hearing information
  • Talk to a Texas attorney about a §2308.404 civil claim

For more on hearing rights, see our rights guide. For what the operator charges, see our tow cost guide.

If you need help thinking through next steps, call Quick Tow Houston at (281) 916-1288.

Frequently asked questions

How do I know if a private-property tow was illegal in Texas? The signs did not meet §2308.301, or the operator was not TDLR-licensed, or the vehicle was authorized to be on the lot.

How long do I have to file a hearing request? 14 days from receipt of the hearing information under §§2308.452, 2308.456.

Can I sue for an illegal tow? Yes, under §2308.404 for civil liability. The damages depend on what you paid and what other harm you suffered.

What about a TDLR complaint? Yes. File at the TDLR complaint page. The complaint is separate from the hearing and the civil claim.

What if the property owner admits the signs were wrong? The civil claim against the property owner and the operator becomes stronger. Get the admission in writing.

What about a refund of the fees? Pay the lawful charges to get the car out, then pursue the refund at the hearing or in the civil claim.