I was served a 10 day notice for which I immediately complied. My landlord gave me an eviction notice anyway. Between my compliance and before the eviction notice, I was called a liar by the apartment management on more than one occasion. I was carelessly accused of doing things I did not do, based on information they distorted to meet their accusations.The management also discussed my situation with other tenants, which resulted in neighbors behaving rude to me and shunning me.
This happened the day before Thanksgiving, and almost displaced me and my 8 month old daughter. I am a single mother, a student, living on very low income, and located across the country from my family while I am attending school. All of this happened during the holidays. I was unable to go home for the holidays because I was afraid I would come back and find I was homeless.
I requested a hearing because I knew I had done nothing wrong, and had been harrassed by neighbors and the management about situations that I had no part in, and that were totally out of my control. I was accused of being involved in circumstances that I was not aware were happening. The stress and anxiety this caused was tremendous. I lost weight and was kept from my family at a very important time.
I secured documentation and proof that the apartment management was wrong in their accusations, and documented by time and date every situation that took place in their assault on me and my character. I have written documentation where they accused my of lying, as well as several occasions when they attacked me verbally. I also had a neighbor yelling at me at my doorstep because of things she heard through the management grapevine.
After writing letters to supervisors and securing an attorney, and providing my attorney with all the documentation, the management decided not to proceed with the eviction. This whole ordeal was happening as I was trying to complete finals, and secure part time employment before Christmas. I have never been so exhausted and frightened in my life.
I did have a great support team or I would have not survived the grueling experience, and believe I would have been evicted. Even the first attorney I spoke with said I should just “move”, without really reviewing my documentation.
Now that I know my daughter will still have a home and a safe place to live, I want to know if I have any recouse to sue those that created this unnecessary nightmare in my life?
Can you give me any idea what legal recouse I might have?
AP
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Can I Sue My Landlord For Slander, Libel, And Get Restitution For Pain And Suffering?6 comments to Can I Sue My Landlord For Slander, Libel, And Get Restitution For Pain And Suffering? |
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to begin with, I am proud of you gathering up evidence to prove you did not do these things. That is great. You needed proof, and you got it. GO YOU. First, slander is spoken and libel is written.
The reason the atty probably said to move anyway, is that there was little money, at least in his world, to be gotten. They all want the mega bucks or they simply do not take the smaller cases. They forget the spirit they had when attending law school. Somehow they manage to get very greedy once in a practice. Say bye bye to him dear. His heart isnt in it.
The thing about slander or libel suits is you have to prove damages. Yes, you have to prove it wasnt true, the things that were said, of course, but you have to prove it damaged you in some way. That is the prong that most people dont realize has to be met to prevail in these types of cases. And you cannot claim pain and suffering in a contract case, which is landlord/tenant. So, forget pain and suffering.
So, lets see….you were harassed by neighbors. Ok. That was stressful. But damage? Hmmmm. You mentioned you were going through this while having finals. Did it reduce your grades? Probably. That might be grounds. You pay for this education and you could not get full benefit of it due to these idiots. But you probably have to have good grades to start with. Do you? And you mentioned you were trying to secure part time employement. Did you have any good leads, which were not carried through due to their claims of slander? See, if you lost a job due to something someone said that wasnt true, THAT is damages. But if you could prove that you didnt get a job due to something they caused, that might be considered damages. You would first have to prove you were going to get the job and then lost it.
Damages in a case like yours is a hard burden. Of course, you had damages, I see that. But you have to have REAL damages, that fits within the definitions of the law. Im not sure if you have that. bUt you know what, you did such a good job obtaining the evidence it wasnt true, I would take it to civil court anyway, without the attorney and roll the dice. You can do it. Hey, you just might get a sympathetic judge who sees a single mother trying to get an eduation and supporting both you guys on limited income….And these people were totally out of line here. Especially being harassed by your neighbors. I am so sorry you met up with such a jerk company. Take it to small claims court, you can do it. If you loose, you loose. But you stood up for whats right.
You may well have a case but for attorney fees and loss of income only, pain a suffering would not enter into it, but you said that now you know your daughter will have a home and safe place to live, should you choose to sue that could change immediately.~
Start looking for another place to live, the management probably wont stop harassing you
I think if suing was an option, your attorney would’ve suggested it by now. To sue for damages you have to prove that you lost money because of what he did.
you don’t sound like your situation is stable and secure enough to go locking antlers with your landlord in court right now…he could stalemate you in court , making you lose time from work , until you’re broke, then evict you pretty easily.
Sorry to hear how you went through hell…but again unless you can prove monetary damage don’t expect your suit to go far.
Finially, I suggest you start looking hard for a new place to stay if you haven’t already. Now. Not tomorrow, Today. Management offices are petty , and if they weren’t above playing dirty until now, they’re not going to just stop.
You say the management made an “accusation” against you but you don’t say what it was.
You say they called you a “liar” but you don’t say what you supposedly lied about.
You say they assaulted your “character” but you don’t how or what they said.
You say they attacked you verbally but you don’t say how or what was said.
Your neighbor yelled at you for what management said but you dont’ say what the neighbor said.
You don’t give enough information to provide an answer.
You say you secured an attorney, why not ask him about this?
I think you are venting your frustration and anger which is perfectly natural and OK to do. But if you really want someone to answer your question, you’ll need to be more specific about what these people said to you.
I’m not a lawyer, but I’m pretty sure that you can sue for the actual damages (e.g. attorney’s fee, lost time, etc.) i.e. money you had to spend in order to defend yourself, just to make sure this doesn’t happen again.
About pain, suffering and distress – it could vary (it’s treated in different ways in different countries), and unless they caused actual damages it could be seen as if you’re trying to milk the situation.