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?
2006-11-03 01:34:39 · 17 answers · asked by startwinkle05 6 in Business & Finance ➔ Renting & Real Estate
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!!
2006-11-03 01:46:06 · update #1
He's a sheriff's deputy.
2006-11-03 02:02:59 · update #2
When I called him back, he said he'd try to have it cleaned and take the deposit to cover that and I'd be responsible for the rest.
2006-11-03 02:13:11 · update #3
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.
2006-11-03 02:00:17 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
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.
2006-11-03 04:33:56 · answer #2 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
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.
2006-11-03 01:50:17 · answer #3 · answered by Tallulah 4 · 0⤊ 0⤋
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
2006-11-03 04:19:22 · answer #4 · answered by goz1111 7 · 1⤊ 1⤋
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!!!
2006-11-03 02:02:13 · answer #5 · answered by Lauren 2 · 1⤊ 1⤋
Hope you don't mind me joining in - I am now an evangelical Christian but have experience of how they treat people who leave, for whatever reason. Here in the U.K. the Baptist church I belonged to was careful to preach and demonstrate the love of God. The subject of hell was not ignored, but neither was it overdone to frighten people. The evangelical movement in the U.K. does not attempt, in any way, to stop people from leaving. Those who chose to leave are free to do so. There is no shunning, no shame attached and the only reason any-one would be excommunicated would be for blatant unchristian behaviour. One thing they would never, ever do is stop speaking to a person who left the church. As for the Jehovah's Witness practise of shunning close family members (husband, wife, children etc) who leave, that is so contemptible and un-biblical not one single evangelical Christian would even contemplate it. One hall mark of a cult is to trap members and prevent them from leaving. Christians, on the other hand, are aware that we must practise forgiveness and display the love of Christ. What approach does LDS take when people try to leave? Edit: I now understand that LDS do not shun people who leave them - and I'm very relieved to hear it!
2016-03-28 05:37:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
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......
2006-11-03 01:45:10 · answer #7 · answered by edawns 3 · 0⤊ 0⤋
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.
2006-11-03 01:40:37 · answer #8 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
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.
2006-11-03 06:04:36 · answer #9 · answered by KathyS 7 · 0⤊ 1⤋
It depends if it was malicious destruction or just a hole you made in the wall by moving.
2006-11-03 01:43:15 · answer #10 · answered by synchronicity915 6 · 0⤊ 0⤋