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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36998
Experience:  16 years practicing criminal defense.
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Renters turned our property into a marijuana grow house.

Customer Question

Renters turned our property into a marijuana grow house. Whenwe discovered it they had destroyed the house punched holes in the walls, roof and tampered with our electric lines . they had over 400 plants which the police confiscated how canj we go after them for damages?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No this happened yesterday
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Barrister replied 6 months ago.

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.

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Are the tenants in jail now?

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Have you given them a 3 day notice to terminate their tenancy based on the illegal activity in the property?

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And you probably haven't had time to get any contractors in to give you an estimate on the cost of repairs, correct?

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thanks

Barrister

Customer: replied 6 months ago.
Three day notice already executed. Getting some estimates today. The tenant may or may not be in jail the police went after him last night.
Customer: replied 6 months ago.
We just want to know if there are any criminal charges we can press on him in addition to the marijauna
Expert:  Barrister replied 6 months ago.

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.

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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.

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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..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 6 months ago.
Thank You. We will keep your contact info
Expert:  Barrister replied 6 months ago.

You are very welcome. Happy to help any time.

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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.

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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.

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Thanks much

Barrister