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startwinkle05 | Can a former landlord have you arrested for damages done to their rental property? |
I recently moved out and the landlord has called threatening to have me arrested for destruction of property if I don't call him back within an hour! Can he do that? Can he give me an ultimatum like that? ( I was at work so I couldn't answer my cell phone. I took a chance of getting in trouble so I could listen to the message he left!) Can you be arrested for destruction of property in a situation like this?
Additional Details
I called him back. It was from where my kids had spilled drinks and I didn't have a chance to clean properly before the electric was shut off. It wasn't malicious, just a spill!! |
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open4one
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He's crazy. He doesn't deserve a response at all.
Now, you probably have a deposit he wants to keep. Either forget it or check the law in your state regarding deposits. You probably have to give him a forwarding address, and are entitled to either a full refund or a letter stating why he kept all or part within a set time (possibly as long as 60 days).
To get you arrested, he has to file a criminal complaint with the police. On the facts stated, they won't accept it, let alone arrest you.
Edit: If he's a sherrif's deputy, that's GOOD. Keep a journal of your correspondence with him, save the threatening message if you still can. When he files the lawsuit for the overage, give the recording to your attorney. Most places frown on deputies threatening to arrest people for private matters. |
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goz1111
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No you can not be arrested even if he is a sheriff officer, the damage of a tenant who lives in an apartment is a civil issue not criminal
as to getting your security deposit make sure he sends you an accounting of the repairs he did to the unit, he has 30 days to send this to you or looses the right to deduct from the SD, after you receive it request in writing all receipts for the repairs, if he does not have them sue him or if he sue you for more counter if he does not have receipts |
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BoomChikkaBoom
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Save his message.
Report him to his superior, internal affairs, the civilian review board or whatever else you have there and file a formal complaint. Play the message for them. It's astonishing that he was stupid enough to leave a message that clearly shows abuse of his position in order to intimidate you. He could even lose his job over this.
The fact that he would abuse his position is a very serious matter and you should not let this go unnoticed or unpunished by his superiors. I cannot even begin to stress how serious a matter this is. You may be thinking "well, everything is ok now!" but it isn't. The fact that this man would abuse his authority in such a way is a VERY serious matter.
Now about the damage ... You can only be arrested if the damage was willful and malicious. Let's say you hated your landlord and had an ongoing dispute. Before you leave, you take a sledgehammer to all the walls and smash all the toilets and sinks, rip the cabinets off the walls, etc ... You can and probably will be arrested for that. It's a criminal matter as well as the basis for a civil suit.
You can't be arrested for tripping and spilling a drink on the rug or other trivial matters. It is entirely a civil matter, and a minor one at that. |
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D. Young
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That's what the deposit is for. |
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Lauren
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Yes you can be arrested for destuction of property, But he cant give you a certain time or date that you have to call him back. So dont be afraid call back when ever you get ready, And if you think you are wrong and you feel you should pay for it , Be the better person and pay for it. But if you think he's wrong take him to court and settle it. Stop taking risks for dummies like that, you could have been fired. GOOD LUCK!!! |
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way_surreal
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Yes, he can. The charge would be property damage. I would definitely call him back! |
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charoliviadale
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that depends on whether or not you actually did the damage to the property of not. of course he can if you actually did it, its criminal damage |
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Phoenix, Wise Guru
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Isn't that what the security deposit is for? It should say somewhere in your lease how damage and repairs upon move out will be handled. If that isn't detailed in your lease, I don't really see what recourse he has. What the hell did you do to your place?
I'd make him call the cops, just to be a pain in the ***. But that's just me. |
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Tallulah
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I've never heard of a land lord doing that, I thought that was what the deposit was for, to pay for damage to the property if there was any. Did you do excessive damage? If so, then maybe you should take responsibility for it and call him back and discuss it. If not, then maybe you should tell him that he has your deposit (if you paid one) and that he can use that to pay for the damages and if he continues to call you then you will file a suit of your own, for harassment.
As for whether he can actually have you arrested for that, I don't know. I suppose maybe he could. But I'm sure he could call the police and at least have the damage documented by them which would help his case if he decided to sue you. |
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edawns
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It depends on what type of damage we're talking about here. If it's a few stains on the carpet, a few holes in the walls - then no. He can however take you to court to sue you for damages. If you purposefully defaced the property and left it in ruins, then that IS a criminal offence...... |
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Wanderer
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First one is right, he can take criminal legal action, as well as civil legal action. |
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ShacklesOff.com
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I am a landlord myself, and I recommend that you call him back because he can have your arrested with reasonable cause. It is his word against yours. |
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synchronicity915
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It depends if it was malicious destruction or just a hole you made in the wall by moving. |
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KathyS
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I don't blame him for being mad. You were irresponsible for not cleaning and irresponsible for having the power shut off too soon.
Go take a look with him and rent a carpet cleaning machine. If it does not come out, you will responsible for replacement so may have to pay up. |
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