As a journalism major, my knowledge of libel does not extend past that of what people in the newsroom can do. However, if I am acting as an individual, with no affiliation with the newspaper, can I be sued for libel if I write a letter to the editor warning students about the conditions of the units my landlord is trying to rent. I am a student, and I live in a city where the landlords get away with murder because they're dealing with uninformed students. However, this time it got personal. My landlord, who I rented from for 6 months prior to moving into this unit, refuses to fix the water seeping from the ceiling into our unit. The city has inspected four times and has issued citation after citation. She still won't fix it. Now that I am about to get out because of all the bugs and mold the water is causing, she's trying to keep my deposit. Can I write a letter to the editor exposing her and be sued for libel? I know my defense would be the statements are true, but could she sue me?
2007-05-13
18:09:19
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13 answers
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asked by
kelly4u2
5
in
Politics & Government
➔ Law & Ethics
Thank you all. I have plenty of photos and documentation from the city's building services' inspector.
2007-05-13
18:58:52 ·
update #1
It's only libel, slander, or defamation of character is it's untrue. But, if your landlord really is a scum-bag who won't do his job, then you are not lying (he is a slum-lord) and you can write whatever you want to write about him.
Cheers
2007-05-13 18:12:46
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answer #1
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answered by Anonymous
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You can state facts with proof to back them, others can be stated as personal opinion. Libel is claiming defamation of character when the character hurts the public and private life of the person you write about.
Usually, libel is an attack without substantial facts.
You can word your writings in a manner to list an opinion or an example of the possibility of...
For instance,
Dave sued me for libel for stating that he puts dangerous chemicals that hurts the environment on his plants at home. Dave happens to run a nursery. I never verified this but heard it from another source.
By writing about this publicly, could constitute libel since he might have different practices at work for the care of plants as well as no evidence to substantiate your claim, then he does for the commercial plants.
You can state-
that Dave uses bad chemicals which could effect the environment at his residence. However, not personally verified, I do question this practice, since he does run a successful nursery. What chemical are being used at the nursery then?
2007-05-13 18:22:13
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answer #2
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answered by Anonymous
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Instead of a letter to the editor why not make posters of your letter and post them all over the place - just kidding.
Contact an attorney. You have a good case and a good cause. There is no libel.
With the way the legal system works she can sue you for being taller (or shorter) than her, doesn't mean she'll win.
2007-05-13 18:15:17
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answer #3
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answered by selfmanagement808 3
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It's not libel if it's true. As long as you can back up your claims -- especially if you can back them up -- I doubt she'd take you to court. Of course some people aren't very bright and you may well be sued. If that's the case you could hire the most incompetent lawyer in town and still win your case since, as I said, everything you wrote was true.
By the way, kudos to you for taking a stand! Too many people would just get out of there and never look back.
2007-05-13 18:11:57
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answer #4
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answered by Digital Haruspex 5
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You could because you could cause her loss of income. Not for libel though. But, if you do it anonymously, you could probably do it. Also, try reporting her to the Better Business Bureau or something. Because by law, I believe, she is obligated to use money she received to fix up her units.
Here is a piece of an article:
:Housing codes were established to ensure that residential rental units were habitable at the time of rental and during the tenancy. Depending on the state, housing code violations may lead to administrative action or to the tenant being allowed to withhold rent. The habitability of a residential rental unit is also ensured by warranties of habitability which are prescribed by common and/or statutory law. See § 2.104 of the URLTA (http://www.law.upenn.edu/bll/ulc/fnact99/1970s/urlta72.htm). A breach of the warranty of habitability or a covenant within the lease may constitute constructive eviction, allow the tenant to withhold rent, repair the problem and deduct the cost from the rent, or recover damages. See URLTA § § 4.101 & 4.104 & 4.105 (http://www.law.upenn.edu/bll/ulc/fnact99/1970s/urlta72.htm). "
Another thing, take pictures and submit it to your local government agency. Or take them to a lawyer and find out your options because you don't want to lose your deposit especially since she wasn't keeping up with her duties. BUT don't leave your place a mess either. You want to not let her have reason to dispute your allegations.
2007-05-13 18:30:09
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answer #5
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answered by ash 3
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seek an attorney, you should be able to get the deposit back plus back rent for now providing a safe, and legal code living, the mold and water is also a health issue, of course you have not felt well while you were living there right? Wow you may get school paid for from this land lord..
2007-05-13 18:15:54
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answer #6
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answered by Anonymous
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You are wasting your time doing that. The process is to report them to the Board of Health. Inspectors will come and write up a report and contact the owner for repairs. If he fails to make them he has to go to a BofH hearing. Failing that he is reported to Housing Court and let the judge decide. Slumlords can't get away with taking advantage of people anymore.. Good Luck.
2007-05-13 18:16:19
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answer #7
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answered by Anonymous
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If the statements are true and you can prove them, then they are not slanderous. However, the best course of action would be to go to your local House department and let them know what's going on. The place you live in has to meet certain specifications, and the house department can force you landlord to meet those specifications.
2007-05-13 18:17:23
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answer #8
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answered by Helen Scott 7
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I'd ask a real lawyer (as opposed to hoping to weeding out real lawyers from self-appointed lawyers on YA) before submitting such a letter.
I had a similar experience several years ago... contacting a lawyer was helpful, because he helped me understand my rights as a tenant, as well as the landlord's rights...
It's just best, when attacking a nasty situation, to make sure you are the one who is within the law.
2007-05-13 18:17:09
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answer #9
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answered by scruffycat 7
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Be a journalist and not just a journalism major.
Are your facts documented, who you talked to and when and about what? Documentation, documentation and documentation. How about photos. Ask yourself, if she sues me, do I have proof to back up my accusations.
Allso, you'renotgoing to get a $ 1500.00 a month penthouse for $ 150 a month rent.
2007-05-13 18:17:48
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answer #10
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answered by mdk 3
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