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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27688
Experience:  Attorney with experience in family law.
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My Landlord is discussing things with family members behind

Customer Question

My Landlord is discussing things with family members behind my back. Nobody is willing to tell me what they are saying but the Landlord asked my husband's friend about things he was discussing with her. (There is a strained relationship beteen my family and I) He told my husband that what they were saying would make us mad. I am concerned this is slander. I believe it has a part to do with why we are being forced to leave the place we are renting.
Submitted: 14 days ago.
Category: Family Law
Expert:  Lucy, Esq. replied 14 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

In order to sue for slander, you need to have some evidence that the landlord is making untrue statements of fact about you in a way that's damaging your reputation or you need to have a reasonable believe that the discovery process will uncover evidence of these statements. Statements of opinion are legally protected and cannot be the basis of a lawsuit, so it helps to know exactly what was said before filing. A lawyer can subpoena text messages or emails between the parties, and can reach out to the individuals involved on your behalf to see if they're more willing to talk to a lawyer than to you personally.

You as an individual can only obtain a subpoena after filing a lawsuit. Once a lawsuit is filed, you can also schedule depositions of the people involved. The problem is, there tends to be limited discovery in Small Claims Court cases, so you'd have to file in the Superior Court, which costs more. It's a good idea to gather information to support your claims when you can, especially in this type of case where there's a lot of protected speech they could be having. But again, a local attorney could help. Or you could hire a private investigator to talk to them.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 14 days ago.
I:/ This doesn't actually help me.
Expert:  Lucy, Esq. replied 14 days ago.

I'm sorry. What did you want to know?

Expert:  Lucy, Esq. replied 14 days ago.

If you go and file a lawsuit based solely on what you told me, it will be thrown out, and you'll lose the filing fees. I am trying to help you by explaining what you need to do before you can file.