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Being Sued for Defamation Per Se Slander of Title



user202@mmhosting.com (User 202)
3/20/2004 4:59:37 PM


This takes place in CHICAGO, IL NEed some advise please.
A landlord is is attempting to sue me stating that I wrote a letter to
2 neigbhoors when applogizing for loud noises coming from my unit.
In my letter, i put
"Hello, my name is xxx, owner of unit #140" and in that the context of
that letter, i appoligzed to them and if music becomes loud at night
or i'm having a party and it distrubs them, to call me and i'll handle
it and lower the noise.
After I got my lease terminated from the landlord for lease violation
of dustrbing neighoors, they filled a lawsuit stating I, in a letter
to the neighoors caused:
DEFAMATION PER SE:
because i didn't own the unit and said I owned in that letter to the 2
neighoors..it caused loss of business for them in trying to rent the
unit and reputation to them. also stating that in that letter that i
created an impression for neighoors that they were unable to address
and control the disturbases by me. They are asking for 5k in injury
and punitive damage of over 15k.
DEFAMATION PER QUOD:
from that same letter i wrote to the neigboors, they are saying the
same thing and that from the time they terminated my lease, they were
unable to rent the unit 3months letter, they want compenstation for 5k
+ punitive damages of 14k
SLANDER OF TITLE:
same letter i wrote to the neigboors, because of that letter. Saying
that becasue of that, thrid parties have dettered from looking at the
unit becasue of the actual owernship. they want 3months of unrentable
costs of 5k and punitives of 14k.
Also laweyer costs of over5k they say to.
.......
That is the case .. because I sent a letter and it was NOT my intent
to express i actually OWENED the UNIT, i ment i was the occupent of
the unit. I dont' see how 2 neighboors who already KNEW that i was a
RENTER caused Damanges of them REnting the UNIT to ther people. THey
also had the 2 neighoors sign letters saying that I even talked with
them and TOLD them i was the "OWERN of the unit" which i didn't even
know what one of the neigboors looked like. The landloard is trying
to scam me, we ending the relationship on bad grounds and they are the
type that will stop at nothing to make my life a living hell...
I have a laywer working on this, and need some thrid party feedback. .
Thank you,
 
 
"David Martel"
3/21/2004 5:37:39 PM


User 202,
The case against you seems reasonable at first glance since you did claim
to own the unit in question. Regardless of your intent you did make a false
claim. The questions to ask are based on how this claim damaged the
landlord. First, who spread the story? You sent it to only 2 apartments but
the landlord is claiming that prospective tenants knew of these claims. Can
the landlord prove this? Was the inability of the landlord to rent the
apartment based on this question of ownership?
So, ask you ex-neighbors who they told about this ownership claim. See
whether the landlord advertised or took other reasonable steps to rent the
apartment. If possible speak with any one who looked at the apartment and
try to get a statement on why he did not rent.
Since you have a lawyer and are being sued don't publish information
about your case here.
Good luck,
Dave M.
 
 
"W. Stephen Lush"
3/22/2004 2:38:15 PM


that is a frivolous suit for two major reasons (in fact your solicitation
for advice almost appears to be a hoax): One, your letter caused no damages
to the landlord. Two, you did not make a statement regarding the landlord.
In truth, it was about yourself, and you were not reckless. The object of
the letter was clearly not to harm and you could probably have issued a
retraction that would have had all the effect needed to restore relations,
though I would have classified this case under the special category of
bull#@($.


"User 202" <user202@mmhosting.com> wrote in message
news:eb782f36.0403201659.6ee9cda9@posting.google.com...

This takes place in CHICAGO, IL NEed some advise please.
A landlord is is attempting to sue me stating that I wrote a letter to
2 neigbhoors when applogizing for loud noises coming from my unit.
In my letter, i put
"Hello, my name is xxx, owner of unit #140" and in that the context of
that letter, i appoligzed to them and if music becomes loud at night
or i'm having a party and it distrubs them, to call me and i'll handle
it and lower the noise.
After I got my lease terminated from the landlord for lease violation
of dustrbing neighoors, they filled a lawsuit stating I, in a letter
to the neighoors caused:
DEFAMATION PER SE:
because i didn't own the unit and said I owned in that letter to the 2
neighoors..it caused loss of business for them in trying to rent the
unit and reputation to them. also stating that in that letter that i
created an impression for neighoors that they were unable to address
and control the disturbases by me. They are asking for 5k in injury
and punitive damage of over 15k.
DEFAMATION PER QUOD:
from that same letter i wrote to the neigboors, they are saying the
same thing and that from the time they terminated my lease, they were
unable to rent the unit 3months letter, they want compenstation for 5k
+ punitive damages of 14k
SLANDER OF TITLE:
same letter i wrote to the neigboors, because of that letter. Saying
that becasue of that, thrid parties have dettered from looking at the
unit becasue of the actual owernship. they want 3months of unrentable
costs of 5k and punitives of 14k.
Also laweyer costs of over5k they say to.
......
That is the case .. because I sent a letter and it was NOT my intent
to express i actually OWENED the UNIT, i ment i was the occupent of
the unit. I dont' see how 2 neighboors who already KNEW that i was a
RENTER caused Damanges of them REnting the UNIT to ther people. THey
also had the 2 neighoors sign letters saying that I even talked with
them and TOLD them i was the "OWERN of the unit" which i didn't even
know what one of the neigboors looked like. The landloard is trying
to scam me, we ending the relationship on bad grounds and they are the
type that will stop at nothing to make my life a living hell...
I have a laywer working on this, and need some thrid party feedback. .
Thank you,
 
 
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