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Arresting a tenant for damaging property?

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Nychelp

Junior Member
What is the name of your state (only U.S. law)? Up state NY

I have a tenant that is on a lease. He has punched holes through my mobile home walls that he rents and caused other damages to the floor and unit. He has admitted to causing the damage to my mobile home on audio tape and was aware of his taping. He said he purposely caused the damage because he was mad. Question is can I have him arrested for damaging my property? Thanks in advance.
 
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Nychelp

Junior Member
Arresting a tenant.

18-4-501. Criminal mischief.


(1) Any person who knowingly damages the real or personal property of one or more other persons including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode commits a class 2 misdemeanor where the aggregate to the real or personal property is less than five hundred dollars. Where the aggregate damage to the real or personal property is five hundred dollars or more but less than one thousand dollars, such person commits a class 1 misdemeanor. Where the aggregate damage to the real or personal property is one thousand dollars or more but less than twenty thousand dollars, such person commits a class 4 felony. Where the aggregate damage to the real or personal property is twenty thousand dollars or more, such person commits a class 3 felony.


My tenant has caused $700 worth of damages and Criminal mischief a class 1 misdemeanor is the crime. Why every one says it is a civil matter I do not understand the law is the law.
 

donkort

Member
If you're in NY, Criminal Mischief is a Class A misdemeanor if damage is under, I believe, $500. It is under PL 14500 if a misdemeanor, PL 14505 or higher if a felony.
 

The Occultist

Senior Member
Your question has already been answered. Posting in a different topic will not change that. Your options stay the same: file the police report, sue him in small claims court, or forget about it and move on. Your choice.
 

Nychelp

Junior Member
Arrests

The Occultist your right my topic was posted in a different section but unlike most people I do my research before I do things and educate my self. So if that means posting in a section that say's arrests and criminal actions Im going to post in there to get more information. That is the difference between running your businesses or letting it run you.

There has been a police report but the prosecutor is saying they are not sure if they can do it because he rented the mobile home. Although it is my property he rented it. The police do not want to go further until the prosecutor says its okay because they do not want a false arrest. Thats why I am here on this site figuring out if this is just a lazy prosecutor who does not feel like doing there job. Or if there is a reason why because the tenant had rented there could be a problem.

Thanks DonKort for the info.
 
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