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-   -   If my landlord has me falsely arrested can I sue (https://www.askmehelpdesk.com/showthread.php?t=545818)

  • Jan 19, 2011, 03:56 PM
    MSMSMS
    If my landlord has me falsely arrested can I sue
    My landlord gave me a false statement and misrepresented the lease on video and had me fasley arrested with criminal charges. The case was dismissed. I spent two nights in jail and over $3000 on legal fees can I sue my landlord
  • Jan 19, 2011, 03:58 PM
    JudyKayTee

    Yes, you can. Will you win? Depends on your proof.
  • Jan 19, 2011, 04:12 PM
    MSMSMS
    Comment on JudyKayTee's post
    Well I am a disabled veteran the landlord gave the police a key to come in my home I have it all on video tape and my lease states "entry by law officer my only enter with a search warrant or in hot pursuit, show apt to prospective residents.
  • Jan 19, 2011, 04:30 PM
    MSMSMS
    Can I sue my landlord?
    Well I am a disabled veteran the landlord gave the police a key to come in my home I have it all on video tape. My landlord gave false statement and misrepresented the lease on video the day of the arrest and I again have it all on tape. I was fasley charged and arrested with criminal charges. The case was dismissed. I spent two nights in jail spent about over $5000 on legal fees. My lease states "entry by law officer my only enter with a search warrant or in hot pursuit, show apt to prospective residents, or Gov. inspectors for the limited purpose of deterring housing and fire ordinance compliance by the apt lenders, appraisers, contractors, prospective buyers or insurance agents. I want to know what court do I file I would prefer a legal help but don't know what kind of atterony to approach if I have a case and if I can I sue my landlord?
  • Jan 19, 2011, 04:32 PM
    MSMSMS
    False arrest
    Well I am a disabled veteran the landlord gave the police a key to come in my home I have it all on video tape. My landlord gave false statement and misrepresented the lease on video the day of the arrest and I again have it all on tape. I was fasley charged and arrested with criminal charges. The case was dismissed. I spent two nights in jail spent about over $5000 on legal fees. My lease states "entry by law officer my only enter with a search warrant or in hot pursuit, show apt to prospective residents, or Gov. inspectors for the limited purpose of deterring housing and fire ordenace compliance by the apt lenders, appraisers, contractors, prospective buyers or insurance agents. I want to know what court do I file I would prefer a legal help but don't know what kind of atterony to approach if I have a case and if I can I sue my landlord?
  • Jan 19, 2011, 04:33 PM
    tickle

    What were you being charged with ?
  • Jan 19, 2011, 04:35 PM
    excon

    Hello m:

    You need a civil attorney.

    excon
  • Jan 19, 2011, 04:37 PM
    excon

    Hello again, M

    Please keep ALL your posts on the same subject on the same thread.. It makes it easier to follow.

    excon
  • Jan 19, 2011, 04:39 PM
    MSMSMS
    Comment on excon's post
    OK I think I did it right this time should I delete the duplicates
  • Jan 19, 2011, 04:53 PM
    smoothy

    You are going to have to prove the statement made was intentionally false and misrepresented. Just so you know.

    You should consult a lawyer local to you, they could at least recond specific people who specialize in your local area... But know... be careful what you say... and how you say it... the Landlord might come back with a countersuit. Remember.. Defamation, slander and lible laws.

    And at the very least... they could send you packing at the end of your lease... or next month if you are month to month.

    So sure you can try and sue... but get ready to fork over a lot of money... and expect to have to move. And you still might lose when its all over. Nothing is cut and dry, and there are no guarantees in life. You have to decide if its worth the time and considerable expense knowing you might end up further in the hole when its over... even if you win... they might appeal... and the costs keep escalating.

    Consider the costs you might be on the hook for.

    I find it difficult they were able to ask for and get and arrest warrant based only on one mans word? There has to be a lot more to this you aren't telling us.
  • Jan 19, 2011, 05:03 PM
    ScottGem

    Threads merged.
  • Jan 19, 2011, 05:07 PM
    smoothy

    One thread said you had $3,000 in legal fees... the other says you had $5,000. Which is it? Or is it some other amount. It can't be both.
  • Jan 19, 2011, 05:18 PM
    MSMSMS
    Comment on smoothy's post
    I forgot to add my bail money that I had to give up in order for me to get home. It was a mistake I am a new user of this site
  • Jan 19, 2011, 05:35 PM
    AK lawyer
    Quote:

    Originally Posted by MSMSMS View Post
    my landlord gave me a false statement and misrepresented the lease on video and had me fasley arrested with criminal charges. the case was dismissed. i spent two nights in jail and over $3000 on legal fees can i sue my landlord

    It does seem that the lease terms were violated, but the LL is liable to say it went down something like this:
    officer: I want you to let me into that apartment.
    LL: But the lease says you have to have a warrant.
    officer: Let me in or I will haul in for obstruction of justice.
    LL: Ok, here you go.

    In any event, I don't know that letting the officer into the apartment caused you to be arrested, did it? Did the officer find something there that was incriminating?

    The main things you would need to prove in order to prevail against the LL include:
    • whatever LL said to the police was known by the LL to be false.
    • the LL's false statement led to your arrest.
  • Jan 19, 2011, 05:35 PM
    MSMSMS
    Comment on ScottGem's post
    I would have appreciate you reading all the threads 1st before merging threads because you missed so much detail I sat and typed. At least get all the info for all threads 1st
  • Jan 19, 2011, 05:42 PM
    smoothy

    Site rules specify ONE thread per topic. ScottGem is a site moderator and to keep order because nobody will read two separate threads and it WILL contribute to confusion, they were combined... everything you typed in both threads as well as both threads answers are here now contained in this single thread. Nothing was lost Just an FYI for the future
  • Jan 19, 2011, 05:43 PM
    Fr_Chuck

    First would you please use the answer feature, and answer your own threads, not use the comment feature, that allows you to add a lot more info.

    So

    1. what were you arrested for, and why is it the landlords fault, other than giving the police the key.

    2. if he gave the police the key, they could not use any evidence found, without a warrant

    I can not see what he did, that got you arrested, except giving a key. What lie did he say that caused it
  • Jan 19, 2011, 05:43 PM
    MSMSMS
    Comment on AK lawyer's post
    Well Sir I do apologize my thread (? On here was altered please reread and let me know if your statement s is the same -------------the criminal charges couldn't stand in court and were dropped the ll or police had no reason to come in.
  • Jan 19, 2011, 05:44 PM
    MSMSMS
    Comment on AK lawyer's post
    Also its all on video tape
  • Jan 19, 2011, 05:45 PM
    excon

    Hello again, M:

    Forget the past... Tell us what the cops arrested you for and WHY you think the landlord is responsible..

    excon
  • Jan 19, 2011, 05:53 PM
    MSMSMS
    Comment on Fr_Chuck's post
    I truly apologize to experenced users, because I'm a new user I don't know where the answer feature is but I thought this site was OK with asking for help.
  • Jan 19, 2011, 07:30 PM
    AK lawyer
    Quote:

    Originally Posted by MSMSMS View Post
    ... -------------the criminal charges couldn't stand in court and were dropped the ll or police had no reason to come in.

    Ok. But how were your damages (the discomfort, inconvenience, and embarrassment of spending a while in jail) caused by the LL letting the police into the apartment? You're not trying to tell us that the police would have been unable to arrest you in your apartment but for the acts of the LL, are you?
  • Jan 19, 2011, 08:15 PM
    ScottGem

    First, nothing was altered. All your posts and the answers you received were combined into ONE thread to help you by combining all the info so we can see everything rather then have different members ask the same questions in different threads.

    Second, you have been asked some questions to help us help you. You need to answer those questions so we can help. So far all we know is that the LL let the police into your apartment which resulted in your arrest. An arrest that resulted in the charges being dismissed. We don't know what prompted the police to want to enter your apartment, we don't know what the police found that caused them to arrest you, we don't know why the charges were dropped and we don't know how the LL is involved in this other than to let the police into your apartment. To help you we need to know those things.

    Finally, if you scroll down to the bottom of the page you will see a place to add an Answer to the thread rather than use the Comments feature.

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