 Crime to destroy (by Kate [NJ]) Dec 8, 2017 5:04 PM
 Crime to destroy (by Mike45 [NV]) Dec 8, 2017 6:19 PM
Crime to destroy (by RentsDue [MA]) Dec 8, 2017 6:21 PM
Crime to destroy (by Frank [NJ]) Dec 8, 2017 6:25 PM
Crime to destroy (by Laura [VA]) Dec 8, 2017 7:07 PM
Crime to destroy (by Vee [OH]) Dec 8, 2017 7:14 PM
Crime to destroy (by Robert,Ontario,Can [ON]) Dec 8, 2017 9:54 PM
Crime to destroy (by Tony [NJ]) Dec 9, 2017 3:48 AM
Crime to destroy (by David [MI]) Dec 9, 2017 4:53 AM
Crime to destroy (by AllyM [NJ]) Dec 9, 2017 5:40 AM
Crime to destroy (by WMH [NC]) Dec 9, 2017 6:10 AM
Crime to destroy (by Kate [NJ]) Dec 9, 2017 9:01 PM
Crime to destroy (by Kate [NJ]) Posted on: Dec 8, 2017 5:04 PM
Message:
My lockout paper states that it is a crime for tenants to destroy property in retaliation of a landlord's eviction.
Has anyone ever filed a police report for this crime?
My deadbeat tenant also threw junk out the window into the driveway. I'm considering filing a citizen's complaint against her, if the inspector will not do it. You know the officials prefer to ticket the landlord for messes. This offense calls for a summons to a mandatory court appearance for such a ticket. --99.203.xx.xxx |
Crime to destroy (by Mike45 [NV]) Posted on: Dec 8, 2017 6:19 PM
Message:
Are you serious?
Good luck with that. Cops do not care if a Tenant or an evicted former tenant destroy your property, steal your major appliances, etc. Yes, it is a crime, but good luck getting a cop to acknowledge that!
--71.38.xxx.xxx |
Crime to destroy (by RentsDue [MA]) Posted on: Dec 8, 2017 6:21 PM
Message:
I think it depends on the amount of actual damage done.The police don't care if an outgoing tenant caused a few hundred bucks in damage. Retaliation doesn't change that. If the damage rises to an arrestable offense like gross destruction of property it is a different story. --66.189.xx.xxx |
Crime to destroy (by Frank [NJ]) Posted on: Dec 8, 2017 6:25 PM
Message:
If you feel that serious about it, them Google up Private Prosecution. I did one some years ago...was a great experience. Get well prepared and see if this short fits your foot
--70.208.xx.xxx |
Crime to destroy (by Laura [VA]) Posted on: Dec 8, 2017 7:07 PM
Message:
At least in Virginia this is a civil, not a criminal matter - not something the police would deal with. You can take pictures and then take your former renter to court over it. --67.172.xxx.xxx |
Crime to destroy (by Vee [OH]) Posted on: Dec 8, 2017 7:14 PM
Message:
My lease has a clause that city, county or guvernment costs levied to the owner are charged to the tenant in the next rent cycle, this includes trash overflow tickets, excess police or ambulance responses (my big city has been charging 250bux after 3 calls in a 12 month period), grass negligence (over 8 inches - city changes 295bux to mow a city lot - 4 people involved, but only 1 is operating a grass cutter, one watches, another sits on the truck so no others can put their mower onto the truck or trailer, and another maintains the front seat does not get dusty from the operation of the mower, I think - this one is often asleep) --76.188.xxx.xx |
Crime to destroy (by Robert,Ontario,Can [ON]) Posted on: Dec 8, 2017 9:54 PM
Message:
Add up all the costs for damages, cleaning and removing garbage take pictures for evidence. Take them to small claims court for a judgement then can garnishee wages or take other measures. File the eviction with all the credit bureaus then when have judgement file as well. So when they start to look another rental unit that rental unit will come even though it is not on the rental application. Google to find a landlords association if need help with process. Small claims you do not require a lawyer just have all facts in writing and pictures. --74.220.xxx.xxx |
Crime to destroy (by Tony [NJ]) Posted on: Dec 9, 2017 3:48 AM
Message:
This is state specific and you might have something here. The highly coveted and abused "landlord - tenant" relationship may have been exceeded here. I currently have a similar case pending and may pursue a 2nd. There's a 1 year statute of limitations to pursue this in municipal court as a crime victim and 6 years for civil action. Start with a police report ASAP. They may advise you if they feel your damages are outside the LL tenant relationship.
I charged tenant with 2C:17-3 Criminal mischief in municipal court. Tenant didn't show up - bench warrant was issued. Below is the text for my charge. In a post after this one I will post the actual website for NJ statutes annotated. If I'm mot successful, search NJ 2:C statutes. Good luck.
2C:17-3. a. Offense defined. A person is guilty of criminal mischief if he:
(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or
(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.
b.Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more. --73.195.xxx.xxx |
Crime to destroy (by David [MI]) Posted on: Dec 9, 2017 4:53 AM
Message:
This is exactly why you should always collect the max security deposit allowed. So you can deduct for things like this! --50.4.xxx.x |
Crime to destroy (by AllyM [NJ]) Posted on: Dec 9, 2017 5:40 AM
Message:
Just file a police report on the vandalism. I don't think there is anything else. My bad tenant, the mold lady, kept contacting my new tenants. --73.33.xxx.xxx |
Crime to destroy (by WMH [NC]) Posted on: Dec 9, 2017 6:10 AM
Message:
In NC it is a misdemeanor to for a tenant to damage landlord's property.
§ 42-11. Willful destruction by tenant misdemeanor.
If any tenant shall, during his term or after its expiration, willfully and unlawfully demolish, destroy, deface, injure or damage any tenement house, uninhabited house or other outhouse, belonging to his landlord or upon his premises by removing parts thereof or by burning, or in any other manner, or shall unlawfully and willfully burn, destroy, pull down, injure or remove any fence, wall or other enclosure or any part thereof, built or standing upon the premises of such landlord, or shall willfully and unlawfully cut down or destroy any timber, fruit, shade or ornamental tree belonging to said landlord, he shall be guilty of a Class 1 misdemeanor. (1883, c. 224; Code, s. 1761; Rev., s. 3686; C.S., s. 2351; 1993, c. 539, s. 402; 1994, Ex. Sess., c. 24, s. 14(c).) --173.22.xx.xx |
Crime to destroy (by Kate [NJ]) Posted on: Dec 9, 2017 9:01 PM
Message:
Thank you all for your input and ideas. Please let us know how your cases turn out.
Tony - The Criminal Mischief statute is ideal for this case under $2,000 damage. I will file a police report this week.
I will also pursue the ticket/summons that requires a mandatory court appearance for the tenant to pay for dumping trash out the window.
Frank - I'm studying up on Private Prosecution.
Robert - Yes, Small Claims cases are worthwhile. I did file a collection suit for the back rent (while the tenant was in residence) and it was won by default. I will need to modify it to add on the cleanup costs, repairs and another month's rent.
Vee - Your lease clause that specifies charging the tenant (AS RENT) for any township maintenance costs levied to the owner is great. --73.178.xx.xxx |
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