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When is it correct to say she "breached the contract"? Please any help.
Anonymous3 views4 answers
A tenant moved out owing over $5000 in rent and damages exceeding $5000 but that's another story. I don't know why she gave me as a reference for next apartment but she did. I got a call from an apartment complex (big national apartment manger) and they asked how much was rent, did she pay timely - that's it. I said $1600 per month and "she breached the contract." I received a letter from a lawyer stating they are filing suit against me for slander per se because "she did not breach the contract" as I stated. She only allegedly breached the contract until the Small Claims judge rules because she filed a general deny defense. I know legal bills add fast and I could spent $10,000 just in a couple days. Is just saying "she breached the contract" slander.
This is not slander per se. The 4 categories of slander per say are: (1) charging plaintiff with a serious crime; (2) that tend to injure another in his or her trade, business or profession; (3) that plaintiff has a loathsome disease; or (4) imputing unchastity to a woman. The tenant will have to show special damages. In addition, you are likely protected by the common interest privilege and so the tenant has to show malice.
I suggest that you read the seminal case on Google Scholar. Liberman v. Gelstein, 80 N.Y.2d 429 (1992).
Richard J. ChertockReal Estate AttorneyMelville, NY ·
No. First of all truth is an absolute defense to a slander action. Your tenant breached the lease agreement the moment she failed to pay her rent. Second, as Mr. Rothstein correctly points out this does not fit the definition of slander per se. Your former tenant has no case here. This is nothing more than a scare tactic to try and keep you from seeking damages for breach of the lease agreement. If you do get served with any papers alleging slander hire an attorney immediately using the find a lawyer tab. You should be able to get that claim dismissed rather easily and get costs awarded.
Michael BrandiCriminal Defense AttorneyBayshore, NY ·
A lease is a contract. Breach of a lease is therefore also breach of a contract. Truth is an absolute defense to slander. As long as the statement at issue is true, it is not slander. Falsity is an essential element of a claim of slander.
