[ccjensen]

We just moved out of a rental house and the landlord has been very nasty to us. She kept over half of our deposit money and charged us for things we don't believe were our fault. And when she texted me the charges, etc. she acted nasty about it. So I texted back just to ask about a few things, and again she was rude. So my husband texted her and asked her why she was so rude? She basically told him that we trashed the place, which we didn't! So he told her she was being a the entire time we lived there. So now she says she's going to charge us with slander and harassment. Can she do that?

[Curlyben]

No, only the police can do that, as they are criminal acts.

[ccjensen]

I read somewhere else that these were actually civil acts and no criminal.

[Curlyben]

Either way she cannot "charge" you with anything, especially over text message.
Why aren't you doing this in actual WRITING ?

[ccjensen]

I don't know, just have always texted questions to her. She never even gave me a written itemization of the charges against our deposit... just texted them to me.

[AK lawyer]

... he told her she was being a the entire time we lived there. ...

Slander (or in the case of text messages, technically called "libel") is indeed a civil tort, and not a crime (in the U.S. anyway).

My question is what word he supposedly called her (OP left that critical word out). It might not be defamation (which means libel or slander).

Either way she cannot "charge" you with anything, especially over text message.
Why aren't you doing this in actual WRITING ?

Texting is writing; albeit not on paper. :)

[ccjensen]

He said she was being a ""...

B I t c h my message keeps leaving it out

[ScottGem]

Depend on where you are, she may be required to give you a written listing of all charges against your deposit. I don't suppose you were smart and did a walk through and had her sign it or, at least, take pictures.

As to the suit, anyone can sue over anything. The question is whether she would win and I seriously doubt that she can show any damages from a text only sent to her.

[ccjensen]

She lives in Iowa, but the rental unit was in Nebraska. We did a walk through with her but we didn't take any pictures and nothing was written down or signed.

[ScottGem]

Defamation of any sort, needs to be public. Anything said privately between 2 people would not rise to the level of defamation.

[ccjensen]

Also it was just one bad word. So is Defamation basically the same as Slander?

AK Lawyer, are you still there

[ScottGem]

Defamation is a broader term that encompasses both slander and libel. But to sue someone for defamation requires the defamation to be public. You can't insult someone in a private conversation and have it rise to the level of defamation.

We are all volunteers here who log in when we have time, so AK will see your post the next time he logs on.

[ccjensen]

Okay so I shouldn't have anything to worry about with this, right? I'm sure she was just trying to intimidate us. Thanks for your help!

[ScottGem]

I wouldn't worry, but I would check into whether she filled the requirements of local law dealing with the return of your deposit. She could have forfeited her right to keep it.