Criminal Law Questions? Ask a Criminal Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Are the tenants in jail now?
Have you given them a 3 day notice to terminate their tenancy based on the illegal activity in the property?
And you probably haven't had time to get any contractors in to give you an estimate on the cost of repairs, correct?
You as the landlord probably wouldn't be able to have them criminally charged for any property damages as the DA would typically state this is a civil contract issue with regard to the tenancy and any damages. But I would still try to talk to the DA to see if he might charge them with some type of malicious destruction of property to get you some restitution.. It is up to the discretion of the DA though.
So at this point, you need to get estimates for the cost of all repairs, evict the tenants and then you can pursue them civilly by suing them in civil court to get a judgment for damages if the DA won't charge them criminally for the property damages.
If you have property insurance on the house, you may want to consider submitting a claim for damages if they are severe and not just cosmetic like holes in drywall, which are fairly easy to patch over..
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
You are very welcome. Happy to help any time.
It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.
If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.