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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53955
Experience:  Lawyer; developer/owner of RE developments.
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I have a three year lease on a house and the landlord mailed

Customer Question

I have a three year lease on a house and the landlord mailed me a letter and said I have 10 days to move out because I am selling or distributing drugs. That is not true but I am moving out but that is again my character and I am so upset. Is there anything I can do?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 9 months ago.

Good morning Barbara. My name is ***** ***** I look forward to helping you.

This would likely give you a cause of action for defamation. Let me first explain what constitutes defamation. Iam going to provide you information on both slander and libel since they are so closely related and so often confused with each other. They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity. The laws regarding libel and slander are the same. To prevail in a defamation suit for libel or slander and recover damages, a person ("Person A") must prove 4 things: (i) another person ("Person B") conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than Person A); (iii) Person A can be identified as the person referred to in the defamatory material; and (iv) Person A suffered an injury to Person A's reputation as a result of the communication. Typically, before actually filing the suit, you would send them a letter detailing the situation and demanding that they: i) retract all prior defamatory statements made, ii) pay you a specified amount to compensate you for the past defamatory actions, and iii) cease and desist from making any in the future. In my experience, the letter is generally sufficient as the offending party will comply with your demands rather than risk the costs of a suit they are sure to lose, the actual and possibly punitive damages that may be imposed by a court, and the judgment being on the record.

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