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When a tenant willfully damages property, can criminal charges be brought?

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richardc318

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

1. When a tenant willfully damages property, can criminal charges be brought?
I had a tenant that paid the initial monies to move into a house of mine. Then nothing. I evicted them. When I took possession, they had squirted mustard on all the walls, cut linolium, spray painted the exterior, destroyed refrigerator, on and on... $5600 and it still is not is as good of condition as when I rented it to them.
2. I had another tenant who paid his rent except for the last month. I had a deposit that would cover that. The issue is, he left with damage to the apartment. He claims his girlfriend busted in the exterior doors. The damages cost me $1200. Since civil judgments are difficult collect, can criminal charges be brought.
 


justalayman

Senior Member
you can call the police and file a report. It will be up to the DA to determine if any criminal charges will be filed. In the first scenario, I suspect there very well might have been charges if you filed a report at the time of discovery.

In the second scenario, if the tenant claims he did not cause the damage and it was his girlfriend, file a report and let the DA decide if criminal charges are going to be filed.

If you did not file charges when you saw the damage, it's too late now.
 

atomizer

Senior Member
yes, you can file charges.

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 inclosure 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).)
 

Banned_Princess

Senior Member
I agree you should go to the police when it occured, it gets harder to make a charge stick without inital police reports of the damage.

You know, investigate and report.

How long ago did the first senerio happen?
 

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