Cal. Civ. Code § 5:10-5.5
Willful damage
Operative Text
Every occupant shall be liable for willfully or maliciously causing damage to any part of the premises which results in a violation of this chapter. Any adult occupants shall be responsible and liable for any violation of this section caused by minors under their care or custody occupying the same unit of dwelling space if the violations were created or permitted to continue with the knowledge or acquiescence or consent of said adult member.
Under N.J.A.C. § 5:10-5.5, any occupant who intentionally or maliciously damages part of a rental property in a way that creates a housing-code violation can be held liable for that damage. The rule extends this responsibility to adult occupants when violations are caused by minors in their care, provided the adult knew about or allowed the damaging conduct to occur or continue. This provision establishes a direct line of accountability between deliberate destructive acts and the resulting code violations.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-5.5, compliant property operators document the condition of units at move-in and move-out to distinguish normal wear from willful or malicious damage. When a housing-code violation is found to stem from intentional destruction by an occupant or a minor in their household, operators generally maintain records of the circumstances—including any communications with adult occupants—that may support a claim of liability. Keeping thorough inspection records and incident documentation is a standard practice for operators seeking to address violations attributable to occupant conduct.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-5.5 makes clear that tenants are not held responsible for ordinary wear and tear, but only for damage that is willful or malicious and that rises to the level of a housing-code violation. Adult occupants should be aware that they may bear responsibility for violations caused by minors in their care if they knew about or allowed the damaging behavior. Tenants who believe a violation has been incorrectly attributed to them may wish to consult a tenant-rights organization or legal aid provider familiar with New Jersey housing code enforcement for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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