When it comes to protecting your real estate investment, few things are more concerning than damage caused by others. But what happens when someone intentionally harms or destroys another person’s property? Is destruction of property a felony?
In short: yes, it can be. The severity of the charge depends on several factors, including the extent of the damage, the intent behind the act, and the laws of the state where the crime occurred. For property owners, landlords, tenants, and investors, understanding the legal consequences of property damage is critical for both prevention and justice.
Let’s break down what counts as felony property damage, how it impacts real estate, and what you should do if your property is affected.
What Is Considered Destruction of Property?
Destruction of property occurs when someone willfully damages, defaces, or destroys another person’s belongings without permission. This includes physical damage to homes, rental units, fences, mailboxes, windows, landscaping, or even common areas of shared real estate.
Examples include:
- Breaking windows or doors
- Spray-painting walls (graffiti)
- Slashing tires on a parked vehicle
- Damaging HVAC systems or plumbing
- Tearing down fences or gates
The key here is intent. If the act was deliberate, it’s classified as “malicious destruction of property.” Accidental damage—though still problematic—generally falls under civil liability, not criminal law.
When Is Destruction of Property a Felony?
Not all property damage leads to felony charges. Most U.S. states differentiate between misdemeanor and felony destruction based on the dollar amount of the damage.
Generally:
- Damage under $500–$1,000 = misdemeanor
- Damage above that threshold = felony
For example, in Michigan and Virginia, if the value of damage exceeds $1,000, the offender may face felony charges. In Texas and California, the threshold varies based on specific legal statutes.
Intent also matters. If the destruction was targeted, repeated, or tied to hate crimes or burglary, it may be automatically elevated to a felony regardless of the cost.
Long-tail search tip: “What dollar amount makes property damage a felony in [State]?” is a popular question users search based on their local laws—consider creating content by state if needed.
How Does Felony Property Damage Impact Real Estate?
For real estate investors, homeowners, and landlords, property damage can cause major financial setbacks. It may also:
- Lower property value
- Affect future insurance premiums
- Lead to costly repairs or vacancies
- Require legal intervention or eviction
In rental properties, if a tenant—or their guest—destroys property intentionally, landlords can pursue legal remedies and sometimes press criminal charges. In HOA communities, destruction of common spaces can affect all residents’ costs.
If someone is convicted of felony property damage, they may be responsible for:
- Restitution (paying back for the damage)
- Fines and court costs
- Jail or prison time (usually over one year)
- A permanent criminal record
Having a felony on record can also disqualify someone from renting or buying property in the future, as many landlords and lenders run criminal background checks.
What Should You Do if Someone Damages Your Property?
If you experience property destruction, follow these steps:
- Document the Damage: Take photos, gather video footage (if available), and save repair estimates.
- File a Police Report: Especially if you believe the damage was intentional. A report is needed for both legal and insurance purposes.
- Contact Your Insurance: Most homeowners or rental policies cover certain types of vandalism and malicious destruction.
- Talk to an Attorney: If the case involves felony-level damage, an attorney can guide you through pressing charges or seeking restitution.
- Secure the Property: To prevent further damage or safety risks, fix broken locks, board up windows, or install surveillance systems as needed.
Can You Sue for Property Damage?
Yes. In addition to criminal charges, you can file a civil lawsuit against the person responsible for the destruction. In small claims court, you can seek repayment for repair costs, lost rental income, or reduced property value.
In some states, victims of property crime can also seek punitive damages if the act was especially harmful or malicious.
Pro tip: If the offender is a tenant, you may be able to deduct the damage from their security deposit—but be sure to follow your state’s landlord-tenant laws carefully.
How to Prevent Property Destruction
You can’t predict every act of vandalism or malicious damage, but you can reduce the risk:
- Install security cameras and lighting
- Keep fences and gates in good repair
- Use tenant screening tools to avoid high-risk renters
- Encourage community watch programs
- Educate tenants and neighbors about shared responsibility
In commercial properties, hiring a security service or installing alarm systems can deter break-ins and intentional damage.
Conclusion: Take Property Destruction Seriously
So, is destruction of property a felony? Yes—if the damage is significant or intentional, it can absolutely result in felony charges. For real estate owners, this means it’s essential to document incidents, understand your state laws, and act quickly to recover losses and protect your investment.
Whether you’re managing a residential home or a large rental portfolio, knowing your rights and the legal process can help you stay ahead of costly setbacks.
If you’re unsure about how your state handles felony property crimes, always consult a real estate attorney or local law enforcement agency.
