maliciousness

[faithnlve]

What is the name of your state? vt....so here is a question. Let's say someone close to you knows all the hard times in your life you've been through....bad marriages, bankruptcies, addiction problems. And lets say this person whom has been through all these hard times has changed through the years and has a better life after 10 years. This person you were close with goes to your landlord, other people and tells them about your life as if it was at the present time....is this slander?

 

[hazeysky]

No it is not slander...It is in the past though. What difference does it make now? As long as long as the statements are true it is not actionable slander.

 

[faithnlve]

it makes a difference now, because I got a call from my landlord that I mis-lead him into me signing a lease. And he wants to re-lease me from the lease because of what was told to him about me. That was my past, but it was presented to him as a present situation. I tried talking to him, but he said that there was nothing I could do, and that he believes the other party. I told my landlord that I went through a bad divorce 10 years ago, filed bankruptcy, and did like going to casinos, but I don't do that anymore. And I also told him before signing the lease that I did have a bankruptcy years ago, but my life is going good now, and that he already knew about that. Him and I got along great until this person (family member), called him to give him my life story. Isn't that being destructive and malicious? I understand slander is not slander if its truth, but what about someone telling a community about your past to turn them against you and hurt your reputation on purpose and presenting it as a problem which is happening now when its been years. Thanks

 

[tessa]

I can feel your pain and frustration. Although, it is your past it is still your past. The slate will never be wiped totally clean. Every one deserves a second chance. I don't think it is right what the landlord did, but I guess he had his reasons. What really stinks is, these comments may be slanderous and hurt you in many ways,it isn't really actionable.

It is more of a situation where a person had a choice to divulge or not to divulge this information. Yes, I believe it was mean and was meant to cause you ill. But there is no law civil or criminal againsed being mean and hurting someone (in an emotional sense).

This could not be presented as an actionable slander case. At the same token, I would wonder what the persons motives really were. If you truely changed then you have nothing to worry about. you may find a bigger and better place to live. Have a very Happy Holiday!!!

 

[moburkes]

it makes a difference now, because I got a call from my landlord that I mis-lead him into me signing a lease. And he wants to re-lease me from the lease because of what was told to him about me. That was my past, but it was presented to him as a present situation. I tried talking to him, but he said that there was nothing I could do, and that he believes the other party. I told my landlord that I went through a bad divorce 10 years ago, filed bankruptcy, and did like going to casinos, but I don't do that anymore. And I also told him before signing the lease that I did have a bankruptcy years ago, but my life is going good now, and that he already knew about that. Him and I got along great until this person (family member), called him to give him my life story. Isn't that being destructive and malicious? I understand slander is not slander if its truth, but what about someone telling a community about your past to turn them against you and hurt your reputation on purpose and presenting it as a problem which is happening now when its been years. Thanks

When is your lease up?

 

[fairisfair]

tell your landlord that your lease stands and you intend to keep living there. Unless you lied to him about something that is on the lease, he has no reason to revoke the lease.
You are not required to disclose your entire personal life to a prospective landlord. Is your rent current? If so, tell him to pound sand.

oh yea, and get some new friends

 

[faithnlve]

rent is current, has been current..lease was a 3 year lease until 2008. But, he claims with notice he can cancel the contract and due to his belief of my misleading him of me as a person he can release me of the contract. By the way it was my mom who called him. She says he has a right to know. We are not getting along, as for her reasons for doing this, all I can say is it was just being mean and vindictive. I have not called her back, and don't want anything to do with her anymore. Why would any mother do this to her own daughter? I cannot for the life of me understand her motive in doing this other than to just hurt me, or to make others feel sorry for her and use my past life to justify her vindictiveness. Who knows. thanks

 

[moburkes]

TITLE 9
Commerce and Trade
PART VII
Landlord and Tenant
CHAPTER 137. RESIDENTIAL RENTAL AGREEMENTS
§ 4467. Termination of tenancy; notice

(a) Termination for nonpayment of rent. Termination for nonpayment of rent. The landlord may terminate a tenancy for nonpayment of rent by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 14 days after the date of the actual notice. The rental agreement shall not terminate if the tenant pays or tenders all arrearages prior to the termination date. A tenant may not defeat a notice to terminate by payment of arrearages more than three times in 12 months. Acceptance of partial payment of rent shall not constitute a waiver of the landlord's remedies for nonpayment of rent.

(b) Termination for breach of rental agreement. The landlord may terminate a tenancy for failure of the tenant to comply with a material term of the rental agreement or with obligations imposed under this chapter, by actual notice given to the tenant at least 30 days prior to the termination date specified in the notice.

(c) Termination for no cause. In the absence of a written rental agreement, the landlord may terminaate a tenancy for no cause as follows:

(1) If rent is payable on a monthly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be:

(A) For tenants who have resided continuously in the same premises for two years or less, at least 60 days after the date of the actual notice.

(B) For tenants who have resided continuously in the same premises for more than two years, at least 90 days after the date of the actual notice.

(2) If rent is payable on a weekly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 21 days after the date of the actual notice.

 

[fairisfair]

okay, now what does YOUR lease say? The information that Mo posted was in the absence of a written lease.

 

[faithnlve]

well, the landlord called me, murphy's law. He is not removing me from the lease, he actually apologized, but did recommend I speak to an attorney about a letter called cease/desist? To stop my mom from calling my landlord, and others like my boss, and saying things about me. Is this a good thing to do? Will it work? Thanks

 

[BelizeBreeze]

Read the lease. If there is a notification clause in it, then that is the notification required. If not, or there is no other cancellation clause in the lease agreement, then state law prevails.

 

[fairisfair]

well, the landlord called me, murphy's law. He is not removing me from the lease, he actually apologized, but did recommend I speak to an attorney about a letter called cease/desist? To stop my mom from calling my landlord, and others like my boss, and saying things about me. Is this a good thing to do? Will it work? Thanks

Well, good on the landlord thing.

As for the cease and desist, it is a letter sent to a person who is doing something crappy, like what your mom is doing, telling them to stop or they may face legal consequences.

Will it work? No way of telling, depends on how intent your mother is to ruin your life, how scared she might be of legal ramifications, how far you would be willing to go to follow through on it, blah blah blah.

 

[moburkes]

Glad it got solved. I meant to post the whole thing, which, like fair stated, requires that he remove you ONLY for reasons listed in the lease. Sorry about that. Thanks, fair, for catching that!

 

[faithnlve]

Thanks everyone for not only the advise but for being supportive human beings. Hard to find good support when going through these difficult times. (sticks and stone may break your bones, but words will never hurt you). Who ever came up with that one must of been quite the bully in school. lol. Anyways, I think my best direction would be to have the letter sent, ignore everything altogether, and hope and pray that her gossip does not cause me to lose a job, a place to live, or anything else that would affect my family. A good lesson in life is whether true or not gossip can hurt, and damage control is very difficult when it is only to hurt someone. Thanks, God bless.

 

[fairisfair]

Glad it got solved. I meant to post the whole thing, which, like fair stated, requires that he remove you ONLY for reasons listed in the lease. Sorry about that. Thanks, fair, for catching that!

See, this is the kind of friends you need to look for!!!