Accused of Trashing Apartment Before Moving Out in Fort Myers: What Are My Legal Options?

If you recently moved out of an apartment in Fort Myers, your ex-landlord may be hurling all kinds of accusations at you. If you face allegations of intentionally damaging the property before leaving, criminal charges could apply in Florida. Fight these charges confidently by contacting an experienced criminal defense attorney in Fort Myers.

You Could Face Vandalism (Criminal Mischief) Charges

If your landlord has accused you of trashing the rental property before you moved out, you may face vandalism charges. In Florida, this is called “criminal mischief.” If these charges apply, you will not merely lose your security deposit or face civil action from your landlord. Instead, you may face life-changing criminal charges.

How Can My Florida Landlord Prove I Vandalized the Apartment?

Your landlord is not the one responsible for proving your guilt. Instead, this responsibility falls to the prosecutors. Nevertheless, your landlord might have a vested interest in proving your guilt, especially if they plan to pursue criminal restitution. Via restitution, the court may order you to pay your landlord directly in order to help cover the alleged damage.

Prosecutors must establish your guilt beyond a reasonable doubt, and they have the “burden of proof.” Since a key element of criminal mischief is intent, prosecutors must prove that the damage was not accidental or due to normal wear and tear. This can be challenging, and there may be no real evidence that suggests you intentionally “trashed the place.”

Your landlord might provide the authorities with screenshots of text messages you sent. If you clearly threatened to damage the property before you moved out, prosecutors may use this evidence against you. For example, you might have threatened to flush a wrench down the toilet unless your landlord gave you an extra month to move out. If the landlord subsequently discovers serious plumbing damage, this text message may be enough to convict you.

Some vandalism is inherently intentional, and you cannot possibly argue that it was an accident. For example, you might have spray-painted swear words across the walls of the apartment. Since this type of vandalism cannot be accidental, you cannot use the “lack of intent” defense strategy in this scenario. Instead, you may need to consider alternative strategies, such as arguing that someone else spray-painted the apartment (perhaps during a party that spiraled out of control).

What if I Don’t Fight My Charges?

You may decide that these charges are not all that serious. Perhaps it’s your first offense, and you’re okay with pleading guilty and moving on with your life. One thing to remember about this specific type of criminal charge is that a conviction could make it virtually impossible to secure housing in the future.

Landlords these days can easily access public records (including your criminal record), and they may refuse to rent to you after seeing the details of your past offenses. This is why it often makes sense to fight these charges, even if you don’t care about getting a criminal record.

Can a Fort Myers Criminal Defense Attorney Help With Criminal Mischief Charges?

If you face criminal charges due to issues with a landlord, consider contacting an experienced criminal defense attorney in Fort Myers. Intentional property damage can easily amount to more than $1,000, leading to felony penalties and years in prison. Contact The Foley & Wilson Law Firm at 239-690-6080 to plan your defense strategy today.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.13.html