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    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #1

    Jan 19, 2011, 03:56 PM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 19, 2011, 03:58 PM

    Yes, you can. Will you win? Depends on your proof.
    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #3

    Jan 19, 2011, 04:12 PM
    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.
    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #4

    Jan 19, 2011, 04:30 PM
    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?
    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #5

    Jan 19, 2011, 04:32 PM
    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?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #6

    Jan 19, 2011, 04:33 PM

    What were you being charged with ?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Jan 19, 2011, 04:35 PM

    Hello m:

    You need a civil attorney.

    excon
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Jan 19, 2011, 04:37 PM

    Hello again, M

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

    excon
    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #9

    Jan 19, 2011, 04:39 PM
    Comment on excon's post
    OK I think I did it right this time should I delete the duplicates
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #10

    Jan 19, 2011, 04:53 PM

    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Jan 19, 2011, 05:03 PM

    Threads merged.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #12

    Jan 19, 2011, 05:07 PM

    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.
    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #13

    Jan 19, 2011, 05:18 PM
    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #14

    Jan 19, 2011, 05:35 PM
    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.
    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #15

    Jan 19, 2011, 05:35 PM
    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
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #16

    Jan 19, 2011, 05:42 PM

    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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #17

    Jan 19, 2011, 05:43 PM

    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
    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #18

    Jan 19, 2011, 05:43 PM
    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.
    MSMSMS's Avatar
    MSMSMS Posts: 10, Reputation: 1
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    #19

    Jan 19, 2011, 05:44 PM
    Comment on AK lawyer's post
    Also its all on video tape
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #20

    Jan 19, 2011, 05:45 PM

    Hello again, M:

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

    excon

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