Can police damage my property all they want?

by **jamilah38** » Sun Dec 18, 2011 7:52 pm

I am a landlord. I have one building with 4 apartments.
A was mad at B because B kept asking them to be quiet after midnight. So A calls the police and tells them B is selling drugs. The police covered both doors and the big 42 year old double pane picture window then went into attack mode breaking locks, knobs, door casings. B reported they found 1/2 ounce of marijuana. I have $5,000.00 deductable. The damage is about $1000. My question is, why would the police break my big no escape window ? There were 2 smaller less expensive ones to the left and right. I can only imagine one officer saying to the other, "The law is on our side, hey ya'll watch this" ! ! I am the victim here. I suspect there is nothing I can do. Anyone know any recourse ? ( Tenant(s) have -0- money ).

by **berwin** » Sun Dec 18, 2011 7:55 pm

No, nobody can damage your property "all they want". However, if the police had a legal reason to be in the apartment, then they can use reasonable measures to enter.

If you feel you were treated unfairly, you can file a claim with the department or sue the tenant in small claims court.

by **egann** » Sun Dec 18, 2011 7:58 pm

Most cities/ states have a victim/witness fund. You can apply for reimbursement as a victim. Whenever criminal offenders get caught they are required to pay fines and restitution. The money goes into this fund. If that doesn't work out, try suing in civil court, even if you say they have "0 money", perhaps the courts can drum some up for you, they can garnish wages and tax returns. If these tenants are the sort that I am envisioning, im sure they receive all sorts of benefits that may be garnished.

by **danil70** » Sun Dec 18, 2011 8:00 pm

It is NOT the cops fault. They don't care about some window nor should they. They are there to do a job and they like to get it done fast and well.
You should be blaming the tenant if he has money or not. Also pick your tenants more carefully because what I know for sure is if you're not doing anything wrong or not with the wrong people the police wont bother you.

Cops can do what they like.
Good luck.

by **langford59** » Sun Dec 18, 2011 8:15 pm

simple answer yes , during a search they have the right to rip the place apart you would be surprised where ppl hide drugs ;- you can't do the time don't do the crime sorry man but its cold out here

by **orlondo100** » Sun Dec 18, 2011 8:18 pm

You can't go after the police for the damages, but you can go artery the tenant for the damages. If your tenant would have just answered the four, they wouldn't have had to break in

by **boynton35** » Sun Dec 18, 2011 8:21 pm

come on now, right !! You are no land lord, you not responsible for any property. If this were true, i will tell you something, you would not be in this site asking people that have no clue. You would be asking an attorney. FACT !!

by **barnett** » Sun Dec 18, 2011 8:29 pm

You need to file a claim with the city. You might also ask the states attorney if he can get you restitution from the defendant, since they are responsible for the consequences of their crime.

by **teyrnon72** » Sun Dec 18, 2011 8:32 pm

I am so sorry that happened to you. I don't know why the chose to break the more expensive window, but I'm not sure suing the city will be worth it.

All the best.

by **hackett** » Sun Dec 18, 2011 8:47 pm

the badgetappers can do anything

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