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Updated over 6 years ago on . Most recent reply

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Gabe G.
  • Greenwood, IN
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criminal liability of a tenant causing damage?

Gabe G.
  • Greenwood, IN
Posted

I have seen a state or two that has laws on the book, for a criminal offense, if i a tenant intentionally destroys a landlords property. These would not just be normal "damage" that could be seen as an accident, this would be taking a sledgehammer to a wall or glass etc.

most states including indiana have laws on the book that describe criminal mischief, and basically says any person who intentionally destroys property, can be held criminally liable. But does not state specifically landlord/tenant.

My question, can a tenant be held criminally liable for intentional damage to a rental property?

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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied

@Gabe G. 

@Jon Holdman 

  I just went through this exact exercise in Mississippi this year.. It was one of my new construction GOZONE homes that I bought  ONe of 11 that I currently have there. The tenant absolutely trashed it.. When I had my insurance go in they thought they would deny the claim because they thought it was just a little rough turn over... When the adjuster went in he said it was the worst he had seen in his 12 years. and I got a big fat check.. And this house was only 5 Years old scored concrete floors solid brick B+ neighborhood 90% owner occ etc etc.... The insurance company subrogated the claim and filed criminal and did a civil action.. since I got paid out I don't know if the Criminal went anywhere but they were going to try to attach wages etc.  So it can certainly happen when its above and beyond at least in the south and in this case.  Generally I agree with Jon though these are all civil matters.

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JLH Capital Partners

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