Criminal Damage to Property

[3lpigs]

What is the name of your state (only U.S. law)? Illinois
Someone was house sitting my home with the agreement from his parents and him he was responsible for all damages while living there. He intentionally trashed the house; removed carpeting, shot pellet holes in walls and the list goes on to about 57 items, almost $10,000 in damages. They refuse to pay. The Sheriff told me it isn't criminal damage to property because I had an agreement he could stay here. The statute doesn't state that. Can I file a criminal complaint for criminal damage to property?What is the name of your state (only U.S. law)?

 

[justalayman]

You can try but if the police do not see it as a criminal matter, they can refuse to accept the complaint. You would then have to attempt to address the issue with the local prosecutor to see if they believed it should be prosecuted.


I suspect the cops, although not actually correct, may have given you a correct answer though. As such, your actions are relegated to seeking compensation from the liable party(s) and attempt to get your money from them.

 

[dave33]

Never take advice from a cop. If the police are so inclined they could easily
fit those actions into a criminal act. Basically, it's just a matter of if they
want to or not. goodluck.

 

[3lpigs]

thanks

I appreciate the responses. I get the feeling the police just don't want to bother with it. If the people responsible had some money and were at least trying to pay restitution I wouldn't mind. They think they don't have money so they just get away with it.

Again. Thanks for the responses.

Marianne

 

[CdwJava]

You allowed someone to stay in your home. As part of the agreement this person agreed to pay for damages while he or she stayed there. They did damage to the home. They did not pay. Sounds like breach of contract to me - a civil issue, not criminal.

The damage statute (720 ILCS 5/21-1) has a section that also states that "It is an affirmative defense to a violation ... of this Section that the owner of the property or land damaged consented to such damage." Since you apparently had an arrangement by which you addressed any damage to property, this arguably moves the matter into the civil realm and out of the criminal one.

COULD it be charged criminally? Maybe. But, if that were made common practice, then landlords would be reporting tenants to the police all the time and the police would get overwhelmed by being in the middle of such disputes. It is a common practice in most jurisdictions I know of to keep such issues in the civil realm and not turn them into criminal matters.

About all you can do is ask the Sheriff's Department if they will take a report from the criminal act and if they can forward it to the prosecutor for a complaint. If they decline, and a supervisor cannot help you, then you take them to small claims court if you can.