Is this grounds for a lawsuit?

Question

Today my landlord recieved a letter from a condo community next to the one I live in. They wrote and told him that the tenet in his house(me) had been arrested for prostitution and that heavy traffic was coming to and from the house for drug purposes.

This is absolutely untrue. I have never been arrested and I have 3 small children in the house so selling drugs out my home is something I would NEVER do. Do you think this is worth a lawsuit or should I just write a letter refuting the accusations and leave it at that? My landlord told me that he was writing them off and didn't believe them. He said they had had problems with them in the past. He thinks race has something to do with it. For the record I am black an live in a very nice "white" community.

Answer 1

Yes you can sue them for libel/slander/defamation of character. Check out some local lawyers who specialize in it and ask them about what you should do.


Extra info http://injury-law.freeadvice.com/libel_and_slander/slander.htm

Answer 2

I'm an attorney in California. What you describe sounds like a classic case of libel. But the question of whether or not you should sue or write a letter really depends on the laws of your state. That question is better directed to a local attorney.

One of the keep elements to any type of claim is the amount of damages. Libel actions often involve claims of a damaged reputation, lost of income and emotional distress. Your landlord has disregarded the letter as untrue, so I wonder how much you could prove by way of damages. But again, damages in a libel case is governed by state law and a local attorney is a better source of information.

I do believe that a strongly worded letter refuting the allegations would be in order. Most attorneys will provide a free consultation, so I would contact your local county bar association for a referral.

Answer 3

Oh My God! Thank God that your landlord didn't take heed to this. If your landlord is willing to give you the letter, the original would be better than a copy, and if they specifically mention you, you most definitely have grounds for a slander/defamation lawsuit, grounds for harassment and probably some sort of issue dealing with racial harassment.

Just for the record, I'm white, and do not agree with what has been done to you. Regardless of your color, a good, decent person is just that, despite the color of their skin.

Most attorneys do not charge for consultations, or the fee is minimal. It would be worth your $$ to just talk to one for advice... and try to get that letter!

Not a lawyer, but I've worked in the profession long enough. And anyhow you can sue for anything.. this definately is a good case.

Good Luck on this one.

Answer 4

let your dad kick his ***. Or any guy contained in the position (or woman for that be counted). Many kitchen help are on probation and parole for some reason or yet another. they're drugged up an excellent type of the time or they're basically bi-polar or produce different personality topics. If he's on probation your manager might want to comprehend. His PO might want to have an interest if he lost his pastime. or per chance he's only a jerk. food and beverage jobs are hassle-free to get and it really is rather not hassle-free artwork. the purchasers are annoying and undesirable tippers, the food isn't accurate and also you're continuously stuck contained in the middle. very last ingredient you want is a few felon contained in the kitchen with a mouth project providing you with crap. If he had a more effective useful personality he might want to artwork the front of the homestead, yet he doesn't so he's contained in the nice and comfortable greasy kitchen yelling at helpless women folk. let the monkey stay in his cage.

Answer 5

To have a good case for a lawsuit, you have to prove damages, which there may not be in this case. Now, if your landlord tried to do something with this information, that would be another story.

A firmly worded letter from an attorney may be in order. IIt probably wouldn't cost much. If you cannot afford one, try your local legal aid, or Bet Tzekek
http://www.bettzedek.org/

You're right, it sounds like a race issue.

Answer 6

Sigh

ok here's the deal

Defamation is the tort class of action that has to do with a harm to one's public character, reputation, or opinion

Libel is written or printed defamation
slander is spoken defamation

If you file a lawsuit, you do not say "she is liable for libel". Because that is a legal conclusion. You say "The defendants printed information with an intent to defame my character" and then the courts will make the determination that this is libel.

Damages are actually greater in libel suits than they are in slander suits. Slander suits require proof of actual damages, libel allows a plaintiff to recover presumed damages.

You can recover punitive damages (where the money is), if you can show that the defendants acted with malice. This may be possible given that they seem to have attempted to get you evicted. The standard is that the "defendant's conduct is particularly reprehensible"

The restatement of torts defines four elements for liability for defamation:

1. false and defamatory statement about another
2. unprivileged publication to a third party
3. fault
4. damages

a judge or jury need only find one interpretation of a statement as defamatory. This is used for ambiguous statements that may or may not be hinting at something that is slanderous or libelous. The judge or jury then determines if the third party interpreted the statement in this manner. One must not show that they actually believed it, just how they interpreted the meaning and intention.

If the defendants claim that their statement is true, they bear the burden of proving the truth of their statement. They would have to prove prostitution convictions and drug dealers entering your apartment.

Accusations of criminal involvement are considered by the courts to be especially harmful and are of the class known as "libel per se" or "slander per se". A jury may estimate any monetary harm that may have been caused to you, but you do not have to show any actual harm (different from other cases where you would have to prove actual damages). Libel per se puts you closer to recovering punitive damages.

The possibility of punitive damages, and the number of defendants and their insurance policies would make this case of great interest to an attorney. Generally, tort civil actions are handled by the same sort of lawyers who do personal injury.

You can check with the local bar association for some reputable attorneys who can advise you for free on your case.

It may be that some will not take you. This does not mean that you would not win or that another attorney would take you. I am guessing that you do not want to pay to retain an attorney. If the defendants have insurance, your lawyer may ask for a percentage fee of the award anywhere from 25-60%. You could litigate the case on your own in small claims court (judge judy like), but your award will be limited to maximum of around $5000. Depending on your circumstances, the possible award could be many times this amount.

All of these factors will be determined by the state in which you live. I do not believe you have a section 1983 tort claim (civil rights violation) because there doesn't seem to be anyone acting under the color of state law. Civil rights violations have to do with an infringement of your constitutional rights of equal protection under the law. These typically involve public officials, or civilians in public facilities (separate water fountains at a bar). If they are preventing you from using a parking lot that everyone else has access to, this would be a different story.

Answer 7

Its called slander and liable. You could sue if you wanted to. It would be nice to sue them but then it will get all tied up in the courts and end up costing you more money than it is worth. Sending a copy of the letter and the facts of the case to the paper. I am sure there is a hungry-liberal journalist that would love to attack the condo where all the rich people live.

Answer 8

Have several copies of the letter, did the complainants sign the letter?

Have proof, make a diary, write down your activities. Ensure that all entries are dated.

This diary will be very useful in court, in case you wish to pursue it further with those that wrote the letter.

Libel (defamation by written or printed matter) and slander (malicious, false and defamatory statement) are serious issues.

Answer 9

Understand...I'm NOT an attorney, however, in my state for one to be "legally offended" an action must take place. You are considering defamation of character which in my state would require a monetary loss before you had a case! If your landlord terminates your lease....THEN you certainly need to contact an attorney. Your state laws may differ from my own, therefore, I'd call an attorney to inquire with an expert instead of using this forum!

Answer 10

This is obviously a raciest doing this.
Look, this usually backfires in the face of whomever wrote the letter.
U must be very humiliated by this, it is best to just do nothing at all. Ignore the ignorance and the man upstairs (God) will
get the revenge for ya.
Dont worry and just smile and be nice to whomever is causin u
troubles, dont let them get any power over u at all.

Answer 11

I would certainly think so. In any case, you could contact the city and show them a copy of the letter. The time and expense of actually suing probably wouldn't be worth it, but I'd think that some sort of criminal charges could be brought against the authors, as to my knowledge this sort of behavior is illegal.