MCOLES State Licensing Practice Exam

A landlord wishes to press charges for damage caused by the tenant. How should a police officer proceed?

1. Arrest the tenant

2. Inform both parties it is a civil matter

3. Encourage the landlord to file a police report

4. Advise the tenant to move out

The correct answer is: Inform both parties it is a civil matter

In situations where a landlord wishes to press charges for damage caused by a tenant, it is important to recognize that disputes over property damage often fall under civil law rather than criminal law. This means that the resolution of such matters typically involves civil actions, such as lawsuits for damages, rather than criminal charges. When a police officer encounters this situation, informing both parties that it is a civil matter helps clarify the legal context. The officer's role is to keep the peace and ensure that the law is upheld, but not to intervene in civil disputes, unless there is a clear violation of criminal law. Damage to property might lead to criminal charges if it rises to the level of vandalism or destruction of property, but without evidence of such intent, it is more appropriate to treat the matter as a civil dispute. Encouraging the landlord to file a police report would also imply that there is a criminal element involved, which may not be the case. Advising the tenant to move out or arresting the tenant would not be appropriate actions unless there is evidence of criminal behavior that warrants such steps. Therefore, communicating that the situation is a civil matter is the most suitable and legally sound approach for the officer to take.