As attorneys practicing landlord-tenant law in Texas for over sixteen years, Sprig-Novak Law Firm has seen the full spectrum of disputes between property owners and their tenants.
While most disagreements can and should be resolved through discussion or even civil proceedings, there are situations where tenant actions cross into criminal territory. This blog post outlines when a tenant might face criminal charges for actions against their landlord or the rental property.
Property Crimes
Criminal Mischief
Under Texas Penal Code § 28.03, a tenant who intentionally damages, destroys, or tampers with a landlord’s property without consent commits criminal mischief. This isn’t about normal wear and tear—we’re talking about deliberate destruction.
For example:
- Punching holes in walls during move-out in retaliation for a security deposit dispute
- Intentionally breaking fixtures or appliances
- Spray-painting or otherwise defacing property
- Tampering with utility equipment, such as breaking the fuses in fuse box, or cutting a segment out of the fiber optic cable inside the home.
- In some of our most extreme examples, some tenants have:
- Drained the pool in the wintertime, causing the pump and pool siding to fracture
- Took a chainsaw to the wood floors, opening panels underneath.
- Dug a moat around the house and filled it with water.
The level of crime, or the class of charge that could be made against the tenant depends upon depends on the dollar amount of damage. For example, a fine-only Class C misdemeanor could be made for damages (under $100) to a first-degree felony, 20 years to life imprisonment (over $300,000).
Theft
A tenant who wrongfully appropriates a landlord’s property with intent to deprive (the items are without the landlord’s consent to remove, and the Tenant knows the property is the landlord’s) commits theft under Texas Penal Code § 31.03. This might include:
- Removing appliances, or sometimes all the appliances, that belong to the landlord
- Taking fixtures (TVs, Aerials, Cable Box, countertops from the property
Like criminal mischief, theft charges are classified based on the value of the stolen property.
Arson
Perhaps the most serious property crime a tenant could commit is arson (Texas Penal Code § 28.02), which involves starting a fire or causing an explosion with intent to damage or destroy the property. This is a serious felony offense regardless of the extent of damage.
Crimes Against Person or namely the Person of the Landlord
Assault
Texas Penal Code § 22.01 defines assault as:
- Intentionally, knowingly, or recklessly causing bodily injury
- Intentionally or knowingly threatening someone with imminent bodily injury
- Intentionally or knowingly causing physical contact when the person knows such contact will be regarded as offensive
- The charges are enhanced if the Landlord is 65 years or older, or the assault causes permanent bodily injury.
Tenants who physically attack or credibly threaten landlords during disputes face assault charges. This often occurs during eviction proceedings or maintenance disputes.
Terroristic Threat
Making threats intended to place the landlord in fear of imminent serious bodily injury or their pets in imminent harm, constitutes a terroristic threat under Texas Penal Code § 22.07. This includes threats made verbally, in writing, or electronically.
Unlawful Restraint
Preventing a landlord from leaving the property during an inspection or repair visit by force, intimidation, or deception can constitute unlawful restraint under Texas Penal Code § 20.02.
When Civil Matters Become Criminal
While it is tempting to immediately charge that a crime has occurred, we request caution, and talking to an attorney unless you are actually, physically harmed, the rented place has obvious intentional damage, or you are placed in a position where you believe that the Tenant intends to or has signaled to you an immediate threat of harm.
It’s crucial to understand that many if not MOST landlord-tenant disputes remain in civil territory. Here’s what typically differentiates civil from criminal matters:
- Intent: Accidental damage is civil; intentional destruction is potentially criminal.
- Reasonable disputes: Good-faith disagreements about lease terms remain civil matters.
- Self-help vs. retaliation: Withholding rent through proper channels is civil; vandalism as “payback” is criminal.
Defenses Available to Tenants
Tenants charged with crimes against landlords may have various defenses available:
- Lack of intent: Many property crimes require proof of intentional conduct.
- Consent: If the landlord gave permission, certain actions aren’t criminal.
- Self-defense: In rare cases where a landlord initiated physical confrontation.
- Mistake of fact: The tenant reasonably believed they had the right to take certain actions.
- Property ownership disputes: Genuine confusion about who owned certain property items.
Conclusion
As Texas attorneys representing both landlords and tenants throughout our career, Sprigg-Novak Law Firm strongly advises both parties to maintain professional relationships and resolve disputes through proper legal channels. Criminal charges resulting from landlord-tenant disputes can have life-altering consequences, including jail time, fines, and a permanent criminal record that can affect future housing opportunities.
Tenants should remember that even in the most frustrating rental situations, taking matters into their own hands through destructive or threatening behavior can transform a civil dispute into criminal charges. Always consult with an attorney about your rights and legal options before taking action in a contentious rental situation.
Call Sprigg-Novak Law
Should you not be sure, contact Sprigg-Novak Law Firm at 214-216-1667 and set up a consultation.
Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult with a qualified State of Texas attorney.
