Saturday, October 31, 2009

Is it legal for our old landlord to contact our new landlord and talk trash about us?

My family and I, after living in an apartment for over two years, recieved a hand-delivered eviction letter in the mailbox. It was dated the first, we only got it the fourth. They evicted us because of a 'long concern over the cleanliness of the home'. They were in our apartment many times, fixing the various things that went wrong, including many floodings from the bathroom above ours, and they never said one word to us about the 'cleanliness of the home'. Well, we found a new place, a better place and have lived there for a couple of weeks. Our manager stopped by today to give us the head's up that our old landlord called our new landlord and told him that our apartment was so filthy he couldn't even step foot into it. He's a damn liar but our new landlord believed him and now the manager is going to come by every week to make sure we're keeping the place clean. Is there anything we can do to our old landlord for telling such lies about us? It surely can't be legal to do that
Answer:
You can't do anything to your old landlord. His speech is covered by the first amendment. What you can do, however, is take your new landlord to court for harrassment if he bothers you excessively. He is not allowed to come in and check the apartment whenever he wants.

I would handle this situation by making a good impression on your new landlord. In the beginning, he will be cautious because he has negative info about you, but after you prove to him that you are a worthy tenant, he will change. It is human nature to believe things you hear about someone from third parties, but your own observations are always more reliable. People tend to trust their own observations more. Rather than arguing, just focus on making a good impression to the new landlord for a while, and don't concern yourself with the old landlord. Only if the new one starts harassing you should you threaten to do anything.
In this case, you can take your old landlord to court over slander, libel, and defamation of character.
Since you were evicted for "concern to cleanliness from the home" from your previous residence, there probably is nothing you can do about it. It is perfectly legal for one landlord to talk about problems they may have had with someone to another landlord. Since evictions are a matter of public record and you were evicted for having an unclean apartment, your previous landlord has not violated the law.
you could sue him 4 slander but u only lived in your old apt 2 years i,ve been in mine 14 years my landlord comes by 2 visit once in awhile i have no problems even tho u can,t eat off of my floor
OMG I am so sorry this is happening to you! You need to buy a book right away called, "Renter's Rights" it's put out by Nolo Press and it's excellent. Unfortunately, they also make a book called "Landlord's Rights"- but maybe you could go to your nearest bookstore, and research this a little. Unfortunately, your old landlord (slumlord!) has the right to tell your new landlord everything about you. But this is excessive, and I would get a lawyer if I were you, ASAP. No, as long as you pay the rent and try to keep your apartment as clean as possible, there is nothing they can do. Did you sign a lease? They cannot kick you out as long as you still have a lease enforced. I would check out those books as soon as possible or try to see if they're online. Also, Google "Renter's Rights" and see if you can come up with anything pertaining to your problem. Good luck!
Let the new landlord come any time to check. If there is no reason for him to complain, he will run out of interest after a while. About the old landlord, ask a lawyer what are your rights. He is surely a mean character.
NEW landlords often contact OLD landlords about the quality of the renters. To do that, you probably signed some sort of release saying he had your permission to contact the old landlord and that you would not hold the old landlord accountable for what he said. Check to see if you signed such a document. If you did, you can not do a thing about it as the old landlord responded after you signed the release.

If on the other hand you did not sign a release and the new landlord made no effort whatsoever to contact the old one and the old landlord did this entirely on his own, then you could have a case against him. Specially if you have supporting evidence showing you did not trash the apartment.

For example, if the old landlord returned your security deposit that is pretty clear proof you left the old apartment in reasonably good shape. You can show that to your new landlord and point out that if you had trashed the old apartment, how come they did not keep the security deposit to clean it up? That would also help in court as money speaks louder than words.

Another example, did you take pictures of the old apartment when you left? If yes, that will also help. If no, do not worry as that is not something people usually do.

On the other hand if the old landlord did not return your security deposit that also speaks, but this time against you.
The manager cannot come up to inspect without just cause. Landlords can share information as far as rent payments, but eviction is public record, and they can say you were evicted for the reason stated for the eviction.

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