Libel per se

[Swirvin]

What is the name of your state?What is the name of your state? CA

Landlord issues 3-day notice to quit alleging criminal activity. Notice is filled-out and served improperly. Accompanied by a signed letter alleging same and a blank lease-agreement, notice is put in an envelope and left on the floor in front of tenant's apt. door. LL has since cancelled notice once tenant's lawyer got involved. Tenant is a respected A student and proclaims their innocence to the allegations. No charges, complaints, or investigations were ever started regarding same. We (tenant's family) have reasonably asked LL to issue a letter of apology and retraction for false allegations, and LL has, so far, refused. No actual damages are known at this point, but we'd like to pursue punitive damages for libel per se. Feel free to comment, and thank you for your time.

 

[JETX]

No actual damages are known at this point, but we'd like to pursue punitive damages for libel per se. Feel free to comment, and thank you for your time.

You have no case. There is nothing in your post that meets the level of defamation.

 

[HomeCuckoo]

One of the fundamental elements necessary in order to establish a prima facie case of libel per se is publication to a third person. Nothing you've written thus far suggests that any such third-party publication has occurred. The notice was served in an envelope, its contents concealed. It would therefore be considered a private correspondence.

 

[Swirvin]

Above all, thank you for your comments. After some further research, I now know how we need to proceed.