A non-consensual tow from an apartment, retail, or HOA lot in Georgia is governed by O.C.G.A. § 44-1-13 and the Georgia DPS Maximum Rate Tariff No. 5. The signage rules are the part a reader can check on the spot, before paying, before signing anything, and before the truck leaves. This page covers what the sign must say, where it must be posted, and the conduct rules that have to hold for the tow to be lawful.

If you are deciding whether the tow itself was lawful, the Atlanta know your rights page walks the full process. If your car was taken from a public street by police, that is a different situation under city or county impound rules.

What the sign must contain

O.C.G.A. § 44-1-13 requires that the sign state:

  • The name of the tow company that will remove vehicles.
  • The address where the vehicle can be retrieved (the operator’s lot, not just a city).
  • The cost of recovery, including the tow fee and the daily storage rate.
  • The accepted payment methods (cash, card, check, or any combination; the sign cannot reserve payment to a single method that excludes a major card).

If any of those four items is missing from the sign at the entrance the car was parked at, the operator’s right to charge the published rate is on shaky ground. Get a photo of the sign and the entrance before you pay.

Where the sign must be posted

The statute sets a precise placement rule:

  • Within 50 feet of each lot entrance, OR
  • Visible from every parking space where the lot has no entrance at all.

That means an apartment complex with three drive entrances and a rear lot needs signs at all three entrances and one in the back. A retail lot with curb frontage but no marked entrance needs the sign visible from every space.

The sign itself must be:

  • A minimum of 12 inches by 18 inches in size.
  • Lettering at least 3/4 of an inch tall (about 19 millimeter).
  • Posted conspicuously, not behind a tree, a dumpster, or a hedge that hides it from a driver about to park.

The conduct rules that have to hold

§ 44-1-13 and the DPS rules set conduct rules that have nothing to do with the sign but everything to do with whether the tow is lawful:

  • No automatic patrol. The operator must be called for each vehicle. A camera-and-tow contract that triggers automatically is unlawful and carries a $1,000 fine.
  • No kickbacks. A tow firm paying the property owner for removal rights is unlawful and carries a $1,000 fine.
  • Same-day request. A non-consensual tow requires a request from the owner or their agent on the same day.
  • Written contract. The operator must have a written contract with the property owner on the DPS form.
  • No hookup, no charge. If the operator has not yet hooked or loaded the vehicle and the owner returns with a key and removes it immediately, no fee is charged.
  • First 24 hours free. No storage fee for the first 24 hours from removal.

If any of those rules are broken, the tow is not lawful and the fees can be challenged. Get the lot’s name, the operator’s name, the date and time the tow happened, and the name of the property staff who called the tow. Photograph the entrance sign. Then call the operator’s published line to ask about their records.

Rate ceilings under Tariff No. 5

For a vehicle 10,000 lbs GVWR or under, DPS Tariff No. 5 sets these ceilings (effective June 17, 2024):

  • $228 maximum tow fee.
  • $33 per day maximum storage fee.
  • No storage for the first 24 hours.
  • Up to $65 in additional fees after 72 hours.
  • $91 maximum total notification charges per tow.

Tariff No. 5 ceilings are ceilings, not the operator’s actual price. A lawful tow bills at or below the ceiling. A billed amount above the ceiling is a red flag worth challenging.

Frequently asked questions

How big does a private property towing sign have to be in Georgia?

At least 12 inches by 18 inches, with lettering at least 3/4 of an inch tall, posted within 50 feet of each lot entrance (or visible from every space if there is no entrance).

What has to be on a Georgia towing sign?

The tow company name, the retrieval address, the cost of recovery (tow and storage), and the accepted payment methods.

Can a Georgia apartment lot patrol and tow automatically?

No. Automatic or systematic surveillance of a lot for tow purposes is unlawful under O.C.G.A. § 44-1-13 and carries a $1,000 fine. The operator must be called for each vehicle.

No. Kickbacks in exchange for tow rights are unlawful under § 44-1-13 and carry a $1,000 fine.

What are the towing rate ceilings in Georgia?

For a passenger vehicle, DPS Tariff No. 5 caps the tow at $228, daily storage at $33 per day (first 24 hours free), additional fees up to $65 after 72 hours, and total notification charges at $91 per tow.

Can I get my car back without paying if the sign was wrong?

If the sign was missing, the placement was wrong, or the operator broke the no patrol or same day call rules, you can challenge the fee. Get photos of the entrance, the lot, and the sign (or lack of one), then call the operator’s published line and ask for the call record.

Need help with a private property tow in metro Atlanta? Call (678) 379-5984. The line matches you with an operator who knows the corridor and the current rules.