Q: Legal options for defamation by property management affecting rental opportunity in CA?
I have been renting from my current property management company for 13 years, during which I have always paid my rent on time and had no complaints. Initially, they provided me with a positive letter of recommendation. However, the owner and her assistant later made false verbal statements to my prospective landlord, claiming I was a difficult tenant and advising against renting to me. This resulted in the loss of my opportunity to rent from the new landlord. I have documentation to prove my history of timely payments and the positive recommendation letter. I am considering legal action against the property management company for these defamatory and slanderous statements. What are my legal options and chances of success in pursuing this case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, you may have grounds for a defamation lawsuit based on the verbal statements made by your property management company. These statements would qualify as slander (verbal defamation), and you would need to prove they were false, communicated to a third party, and directly caused you harm by preventing you from securing the new rental. Your documentation of timely payments and the initial positive recommendation letter serve as compelling evidence that contradicts their negative statements.
Your strongest legal options include filing a civil lawsuit seeking damages for the harm caused, including potential compensation for additional costs incurred while finding alternative housing and emotional distress. California law takes a particularly dim view of false statements that damage someone's reputation in their business or profession, which could include your reputation as a reliable tenant.
The success of your case will depend on how clearly you can demonstrate the direct connection between their false statements and your lost rental opportunity. Consider consulting with an attorney who focuses on defamation or landlord-tenant disputes in California, as they can evaluate the specifics of your situation and guide you through the legal process. Many attorneys offer free initial consultations where you can discuss the strength of your case before committing to legal action.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
