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  1. #1
    Nychelp is offline Junior Member
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    Arresting a tenant for damaging property?

    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.
  2. #2
    ecmst12 is offline Senior Member
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    I suspect the police will tell you it is a civil matter, but you can call them. You are better off evicting him and getting a judgement though.
  3. #3
    Nychelp is offline Junior Member
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    That's what I do not understand from the law that I read he has committed a crime for damaging my property. It is no different if I go and damage someones car. I am being told also about this civil matter I do not get it? Is it because he is renting?
  4. #4
    Stephen1 is online now Member
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    Quote Originally Posted by Nychelp View Post
    That's what I do not understand from the law that I read he has committed a crime for damaging my property. It is no different if I go and damage someones car. I am being told also about this civil matter I do not get it? Is it because he is renting?
    Going w/the car analogy - it is like you loaned your car to someone and it was returned damaged (whether on purpose or by accident). What's the crime? Evict and take him to small claims court.
  5. #5
    Nychelp is offline Junior Member
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    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.
    Last edited by Nychelp; 06-05-2011 at 12:44 PM.
  6. #6
    justalayman is offline Senior Member
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    so what do you want? Call the police and make a report. They might consider it as criminal and file charges. If they don't, you are relegated to civil courts.

    Even if he is charged with a crime, you still will have to evict him according to your states laws.


    and if he is tearing up your rental, why haven't you evicted him yet?
  7. #7
    Nychelp is offline Junior Member
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    Arresting a tenant.

    What Im looking for is some actual fact. Around me I have been told that it may be considered a civil case. I came here looking for more info and what everyone else thinks. He has already been evicted I do my own evictions and proceedings. I have called the police and they are telling me that they are not sure even after I spoke to a lawyer and he said the same about the criminal mischief. So I came to a legal advice site to see what everyone has to say.
  8. #8
    justalayman is offline Senior Member
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    it's not up to us. It can be considered as criminal but if the prosecutor doesn't press charges, there is nothing you can do about it. It's that simple. So, you file the report and let it go where it goes.
  9. #9
    Nychelp is offline Junior Member
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    Arresting a tenant.

    I never said it was up to you.
  10. #10
    justalayman is offline Senior Member
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    Quote Originally Posted by Nychelp View Post
    I never said it was up to you.
    so what do you want? You have been answered several times. Either file a report with the police and/or file a suit in civil court, or forget about this and move on.
  11. #11
    Searchertwin is offline Senior Member
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    Quote Originally Posted by Nychelp View Post
    I never said it was up to you.
    The main sentence in criminal mischief is, "in the course of a single criminal episode."

    Did your tenant comment a crime during the time he destroyed your house?
    Was there a police report of the crime?

    The only thing you have is a recorded statement saying he was mad.

    IMO, that's why there is no police report, no charges, prosecutor is not going to prosecute.

    Since you have evicted him, and used all his deposit, I assume, and there is a balance, you will need to take him to small claims court.
  12. #12
    Nychelp is offline Junior Member
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    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.

    Justalayman -you sound like one of my tenants your answers are based off of emotion.
    Last edited by Nychelp; 06-05-2011 at 06:58 PM.
  13. #13
    Handcoc is offline Member
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    Quote Originally Posted by Nychelp View Post
    I am being told also about this civil matter I do not get it? Is it because he is renting?
    Yes, its because he is a renter.
  14. #14
    justalayman is offline Senior Member
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    Quote Originally Posted by Nychelp View Post

    Justalayman -you sound like one of my tenants your answers are based off of emotion.
    no, I am not a tenant, neither yours or anybody else's. The problem is you just keep repeating yourself even after you were told all that could be told based on what you posted. The only emotion was I was tired of reading your whining posts. The rest is factual.
  15. #15
    Searchertwin is offline Senior Member
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    Quote Originally Posted by Nychelp View Post
    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.

    Justalayman -you sound like one of my tenants your answers are based off of emotion.
    I can understand your frustration. This is why you can't get a handle on the answer. Step aside and look at it as a renter.

    Renter thinking:
    The LL is accusing me of damaging his property because I got mad and he is trying to have me arrested. He is nuts. Doesn't he know that is what my security deposit is for? He can only sue me for damages that went beyond my deposit amount.
    Now, I can understand if I was making meth and it destroy the place and he had me arrested, than he can take me to the cleaners.


    Do you see the difference? First few sentences had no crime involved, the second part did, the meth and police arrest.

    The prosecutor will not get involved because their was no crime committed. He was a renter and you are the LL and have a sec deposit form the tenant to cover damages. The tenant being "mad", is not a crime. We all get mad. Remember, any one can make a police report out of the clear blue sky just to do it. It does not mean there will be an arrest. You can call and have police make a report because you felt that light bulb fell delibertly and hit you on the head for no reason. (Now, all the posters on here, this is just an example).

    I cannot get any clearer than that. Take him to small claims court for the balance due from the sec deposit, if any.
    Last edited by Searchertwin; 06-05-2011 at 09:05 PM.

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