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Old 11-25-2010, 10:33 AM
 
1 posts, read 1,641 times
Reputation: 10
Default defamation by a landlord

can i sue for defamation of character if my landlord states that i threaten another tenants children. The tenant stated she has a voice message from the landlord stating i did ,but i have never threaten anyone.
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Old 11-25-2010, 01:59 PM
 
45 posts, read 59,509 times
Reputation: 33
OK so let me get this straight:

1. You don't even know whether what the tenant is saying is actually true.

2. You haven't even spoken to your landlord about it.

And you're already considering suing him?

Only in America <3
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Old 11-25-2010, 04:08 PM
 
Location: Columbia, California
6,536 posts, read 14,478,128 times
Reputation: 4611
Quote:
Originally Posted by tiredininglewood View Post
can i sue for defamation of character if my landlord states that i threaten another tenants children. The tenant stated she has a voice message from the landlord stating i did ,but i have never threaten anyone.
Document, document document. If you have real losses you may sue, but how does this affect you?
You need to be able to show a judge where you were hurt financially to win.
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Old 11-25-2010, 04:09 PM
 
Location: Coachella Valley, California
15,206 posts, read 24,835,064 times
Reputation: 12329
Quote:
Originally Posted by ferretkona View Post
Document, document document. If you have real losses you may sue, but how does this affect you?
You need to be able to show a judge where you were hurt financially to win.
There's a lot more to it than that.
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Old 11-25-2010, 04:11 PM
 
Location: Coachella Valley, California
15,206 posts, read 24,835,064 times
Reputation: 12329
Quote:
Originally Posted by tiredininglewood View Post
can i sue for defamation of character if my landlord states that i threaten another tenants children. The tenant stated she has a voice message from the landlord stating i did ,but i have never threaten anyone.
Truth is an absolute defense to defamation. If there is any truth whatsoever to the allegations against you ... you're toast - because they can turn around and counter-sue you.
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Old 11-25-2010, 09:31 PM
 
Location: Columbia, California
6,536 posts, read 14,478,128 times
Reputation: 4611
Quote:
Originally Posted by Twinkle Toes View Post
There's a lot more to it than that.
Of course there is, why not expand on it then?
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Old 11-25-2010, 10:22 PM
 
Location: The High Seas
5,621 posts, read 6,943,364 times
Reputation: 6359
Threaten to saw the b@stard off at the knees with a chainsaw. Hold on a sec. That won't work.
Never mind.
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Old 11-25-2010, 11:30 PM
 
Location: Coachella Valley, California
15,206 posts, read 24,835,064 times
Reputation: 12329
Quote:
Originally Posted by ferretkona View Post
Of course there is, why not expand on it then?
Defamation is a false statement communicated to a third party which tends to diminish the esteem in which one is held. In order to sue for defamation these elements must be met. If there is any truth whatsoever to the allegations against the OP, he will not prevail and the person(s) he sues can sue him for abuse of process.

A jury must find that a reasonable person would think poorly of the plaintiff and would disassociate him or herself from the plaintiff based on the statements. Plaintiff must prove that his reputation has been harmed and that as a result he will suffer a financial loss, or that he has actually suffered a financial loss. Plaintiff must prove that the statements were made and that they were in fact, communicated to a third party.
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