Deland, FL · Member since 2015 · 5 posts · 3 votes
Tenants I just evicted completely maliciously destroyed my house from taking kitchen cabinet doors, shower door, lighting fixtures. fridge, broke windows and more but the worst was writing in permenant marker vulgar and threatening messages using my name on both the inside and outside walls. One even said good luck cleaning this up. They drew nazi symbles and a picture of a woman being hung from a tree with my name. Police say if they had already been evicted and came back to do damage it would be criminal but since they were still there it falls under contract and is civil. Does anyone know of any type of criminal charges that could be filed? The messages alone prove it was done intentionally and use of my name directed at me. I wont collect anything civilly but my concern is these should be criminal actions and they need punished.
CA & NV · Member since 2019 · 215 posts · 378 votes
7y
Jayne, the police were right, it is 100% civil. Your statement "...they need to be punished." shows that you want to use the system to "get even" - but your goal should be to get the apartment fixed and punishing them will not in any way get the apartment fixed.
Your insurance should cover this, assuming you have that coverage. If not, then you are on the hook. I have had this happen on several occasions. I chalk it up as CODB (cost of doing business) and on the positive side, the repairs are tax deductible.
Property Manager · Lancaster, PA · Member since 2016 · 72 posts · 75 votes
7y
Unfortunately, that is just how some tenants can be which is why we try to be very strict during the application process. You could pursue them in court for damages and the cost of fixing everything but it is likely not worth your time. Send them to the credit bureau, rehab the property and search for a better quality tenant. Don't let this experience discourage you out of rental properties.
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y
I had one tenant destroy a home of mine that was only 3 years old.. I mean totally destroy the inside..
I turned it over to insurance.. and normally they don't cover tenant damage but this was so severe 45k worth
that they covered most of it.. and I subrogated the claim to them and they did go after the tenant for criminal charges.. not sure what happened after the fact but that's what they told me. this was in Mississippi.
Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
7y
Do they already know where you live and work (if applicable)? If so, I would get a restraining order since some of the graffiti was threatening. But, if not, I wouldn't unless it escalates, which hopefully/probably it won't.
I've heard that one of the Catch-22s of a restraining order is the defendant needs to be notified of the victim's workplace and home addresses so they know where "not" to go. So you wouldn't want to spoon-feed that info if they don't know it anyway.
Property Manager · Cleveland, OH · Member since 2019 · 446 posts · 566 votes
7y
I understand you may be seeking criminal charges because you feel that they carry more "weight" than a civil suit, however only the State can bring criminal charges - you, as landlord, can document everything and bring civil suit. Why do you feel that you won't get anything through this means? Are they unemployed/indigent? Remember that even if it remains unpaid, a huge monetary judgment against them will stay on their credit and can help save potential future landlords from the same headache.
Investor · Canton, GA · Member since 2014 · 727 posts · 500 votes
7y
@Jayne Rocco
Laws vary state by state. Criminal charges are normally pressed based on laws at that level.
So, you need to check to see what options are available to you in the state in which the property destruction took place. Your making a WAG about your options otherwise. If there are laws in place you might be able to press on a state, county, or city basis.
Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
7y
@Jayne Rocco
Sorry for having to go for this. Unbelievable. Just curious, how did they look when you first screened them as tenants?
I just evicted an inherited tenant that did damage. Nothing like what yours did but they damaged all doors, punched holes in walls, stole all hardware and smoked in the house. Only took 5k to get it up and running again, but I still can’t get the smoke out. It’s all part of this business I guess. But feels like a punch in the gut when you bend over backwards supplying a nice clean rental for someone to live in, and they do this to you.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
7y
You have options. Go back to the police and report the hate crime. There was a Nazi symbol and you hanging from a tree. If you get nowhere, you can contact the DA's office and see if they are sympathetic and willing to consider criminal charges or push the police to investigate more.
If you can't get any traction this way, your best bet it to sue the tenants in court. This should be an easy judgment in your favor. When suing, figure out what extra costs you had, such as time the unit was not rentable, cost of time off work, etc, and sue for that also. You may find a sympathetic judge or jury, especially if you display a large picture of their Nazi artwork and other damages.
Many people on these forums will tell you that you will never collect from a tenant. It's not worth it. It's a waste of your time and money. I feel differently. I've seen the inside of a collections business and you'd be amazed at how easy it can be to get money from people. You get their wages garnished and every two weeks a small check comes in the mail and you place a levy on their bank account and if timed right, can get a nice chunk of change. It may takes years to get fully paid, but it happens. You don't have to do anything other than assign the debt to a collections agency.
Flipper/Rehabber · Member since 2019 · 61 posts · 22 votes
7y
@Jayne Rocco if you had then convicted then it will go on their credit report it may be very hard for them to rent someplace else also you can file Criminal charges and all the repairs are tax-deductible it is cost of doing business
Also , do you have a PM
That is "Their Job " to screen your tenants. PM's generally only change 10% of the rents. It is well worth the invest to have them also you can write them off as a expense as well
Lender · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
7y
You are likely chasing bad money. Get the judgement in landlord/tenant court and move on. Unless you know they have liquidity, you are just wasting your own energy and money.
Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
7y
@Jeff Willis. It clearly is a crime, specifically Malicious Destruction of Property and malicious mischief. The police in most areas just won’t enforce these types of crimes because it creates extra work for them. I’d file a police report and make myself the squeakiest wheel
Possible to get the police to do something. In the meantime pursue a judgement in civil court. Also the other poster has a good idea on using the “hate crime” angle for additional leverage due to the anti-woman and Swastika.