landlord/tenant dispute
''joe''is served a 10 day notice to vacate his apartment. On day 11 he starts moving his stuff. He is upset and breaks one of the windows. The police are called and he is issued a ticket for damaging the property. Was this proper or should it have fallen under civil laws and a remedy therein.
Asked on 3/12/07, 6:18 pm
2 Answers from Attorneys
Daniel Fenaughty
FENAUGHTY & ASSOCIATES, PC
Re: landlord/tenant dispute
It is proper.
Answered on 3/12/07, 8:47 pm
Philip Rosmarin
Rosmarin Law Firm
Re: landlord/tenant dispute
It actually falls under both criminal and civil law. Joe can be hauled into criminal court on a charge of malicious mischief, and also sued in civil court for damages caused by his vandalism.
But chances are the landlord already has a contract remedy, if there was a security deposit on the apartment.
If there was no deposit, and the landlord is loathe to file suit for so tiny a pot of gold, if poor Joe is convicted or pleads to a reduced charge, he'll be ordered to pay restitution.
Answered on 3/13/07, 12:23 am
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