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captnjac · Aug 18, 2006, 04:29 PM

If someone that works at the front desk of my apartment building calls me a "bad tenant" while on the phone with someone that called to leave a message for me, is that considered defamation of character?

Fr_Chuck · Aug 18, 2006, 05:22 PM

You could try, but if they have reasons to say this, you idea and their idea of a bad tenant, if you are always bothering them, not nice, bad attitude to the front desk, you to them are a bad tenant.

So be sure you are not a bad tenant before you start something or you will be paying your attorney and their attorney both.

A complaint to the building manager may get more done to correct what the desk clerk says or don't say even if it is true in their opinion.

And of course to have a case, you have had to had some loss, did that comment make you lose some income, some money, lose a friend or some loss that could be measured in money.

And of course not knowing who you are, if you are a "public figure" you are considered free game, that is why people can call Bush all those names, as a public figure people are allowed to call him things,

excon · Aug 18, 2006, 06:27 PM

Hello captn:

You betcha it's defamation!

However, a law suit is divided into TWO parts - liability and damages. The Padre is right. If what he said is true and he can prove it, you'll lose the liability phase. But, if you're just a darn good tenant and he's lying through his teeth, you might win the liability part.

Next, you'll have to prove damages. That's probably going to stop you. So, how much did it cost you when the person was told you were a bad tenant? Not much? I didn't think so. Then you won't win much, or anything at all.

excon

captnjac · Aug 19, 2006, 11:27 AM

We pay our rent on time, we don't harass anyone, we're not noisy, all in all I'd say we're pretty good tenants (myself and my roommates). The comment was made in reference to something specific. Maintenance came to work on something that day and I left a note on the door asking them to please not enter until we answered the door. It was a simple request, not an order, and it was written politely. Apparently the head of maintenance decided to complain not just to us about it, but to a woman who works at the front desk as well. She then decided to make an unnecessary comment to someone she didn't know.

captnjac · Aug 19, 2006, 11:30 AM

I forgot to add that I'm not necessarily looking to go to court, I'd just like to know where I stand when I approach management.

ScottGem · Aug 19, 2006, 05:00 PM

Based on what you say, the maint guy was out of line to complain and the receptionist out of line to make the comment.

So what is it you want? As excon pointed out you probably did not suffer any measurable damage, so a legal remedy is pretty much out of the question. Which means you have no leverage. You can ask for an apology and be totally rebuffed.

s_cianci · Aug 22, 2006, 07:55 PM

It would depend on the repercussions, if any, that resulted from the desk worker's characterization of you as a "bad tenant." If you can prove that you suffered negative consequences because of that remark (e.g. you were evicted, lost a job or something of similar magnitude) and that the claim that you are a "bad tenant" is unfounded, then yes, that person is guilty of defamation of character.