Minneapolis, MN asked in Civil Litigation and Landlord - Tenant for North Dakota

Q: Do I have grounds for a lawsuit for false accusations by maintenance property manager

I have 2 esa dogs. I gave them the required paperwork showing that they are esa. Got a call asking if I had a third because my partner was seen walking with a dog. I told them i did not, and was met with hostility claiming they had to make sure because I allegedly had “duped” them into taking me as a resident misleading them to believe I did not have any dogs to begin with. Which is not true. I tried to explain that I never duped them, I gave them the info and proper paperwork. But he insisted I did in fact dupe them. Is this grounds for a lawsuit for false accusation?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Determining whether you have grounds for a lawsuit based on false accusations by your property manager involves several factors. Generally, to pursue a defamation claim, you must prove that a false statement was made to others, that it caused you harm, and that it was made without adequate basis in truth. In your situation, if the property manager's accusations were communicated to others and not just to you, and you can demonstrate that these accusations were not only false but also harmful to your reputation or caused you distress, then you may have a basis for a claim.

However, it's important to consider the context and manner in which these statements were made. If the accusations were part of an internal inquiry into the number of pets in your residence and were not spread beyond the necessary parties (like to other residents or publicly), it may be harder to prove that they had a significantly damaging effect on your reputation. Additionally, the legal threshold for defamation can be quite high, often requiring clear evidence of malice or reckless disregard for the truth.

Before taking legal action, it might be beneficial to address this issue through less confrontational means. Communicating your concerns to higher management or seeking mediation could resolve the misunderstanding without the need for a lawsuit. If these approaches do not yield satisfactory results, consulting with an attorney who understands defamation and tenant rights could provide clarity on how strong your case is and whether pursuing legal action is in your best interest.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.