united-states landlord tenant new-mexico breaking-and-entering
Landlord/Tenant and Actus reus
<p>I'd like to add something to my <a href="https://law.stackexchange.com/questions/61573/breaking-entering-theft-charges">previous question</a></p>
<p>The first part of the scenario:</p>
<p><em>A person breaks a window, enters the house through the window, takes $1000 worth of computer equipment, and leaves through a door.</em></p>
<p>Now add:<br />
The house was being rented out at the time of the crime. The renter called the police. They came out and a report was filed. The renter notified the landlord of the situation the same day. Several days later, the landlord learns the identity of the perpetrator. The landlord does not notify the tenant or the police.</p>
<p>Is the landlord guilty of any crime?</p>

<p>Code sections cited in this answer are to the <a href="https://nmonesource.com/nmos/nmsa/en/item/4371/index.do" rel="nofollow noreferrer">New Mexico Criminal code, Chapter 30</a> as they were in my answer to the linked question, and to chapter 59A.</p>
<p>Neither the landlord (whom I will cal LL) , nor any ordinary citizen, is legally required to report information that s/he may have about a crime to the police or other authorities. LL cannot actively conceal or destroy or tamper with evidence (section 30-22-5. of the NM code), nor assist the criminal by more than silence which would be a crime iunder section 30-22-4, Harboring or aiding a felon.</p>
<p>If the police question LL about the crime, s/he should not lie. Apparently lying to officers during an investigation is not a crime in New Mexico, although filing a false crime report is, under section 30-39-1. If LL were to make an insurance claim while omitting or misstating a materiel fact (such as that LL knows who broke in) that  would be a violation of <a href="https://law.justia.com/codes/new-mexico/2013/chapter-59a/article-16/section-59a-16-23/" rel="nofollow noreferrer">Section
59A-16-23</a> paragraph (2) which prohibits:</p>
<blockquote>
<p>for the purpose of obtaining money or benefit, present or cause to be presented a false or fraudulent claim or proof in support of such a claim for payment of loss under a policy</p>
</blockquote>
<p>I am not sure if  LL owes an affirmative duty to the tenant. If LL does owe such a duty, the tenant may have grounds to sue LL if LL fails to help the tenant recover the stolen property, but it is probably not a criminal matter.</p>
