I have a tenant who went on a rampage and broke all the windows out of the apartment. I filed criminal charges against him for criminal destruction of property in the 2nd degree. I estimate it will cost $5000 to replace all the windows. He has been released on bail. If he is found guilty, will he have to pay me back and/or serve jail time? Do I have to take him to civil court to collect the money for damages? He's already caused other damages which are more than the deposit (Smashed the glass out of the oven door, previously smashed a window that I had replaced, punched holes in the walls, smokes (lease agreement said no smoking allowed), and other damages). His lease is up in less than a week.

Hello m:

When his lease is up has NOTHING to do with your problem... IF you can get the prosecutor to ORDER restitution, you'll have a better chance at getting reimbursed, than if you have to sue him.

excon

It depends on a) whether the court orders restitution (very likely) and b) whether he can pay. It is probable you will have to sue him.

Don't you have insurance to cover this?