What to do about property manager's false accusations?

December 1, 2007 8:39 PM

What do I do if my landlord claims I've breached a rental agreement by smoking marijuana in the apartment, when I haven't actually done so?

I got a letter from my apartment's management company today that says: "You are hereby notified that you have breached your rental agreement and your lease will terminate in thirty days from the date of this notice, unless, within fourteen days of this notice, the following acts and omissions which constitute the breach are remedied: We have had complaints about people coming and going from your apartment at all hours and marijuana smoke coming from your apartment."

The thing is, there hasn't been any marijuana in the apartment at any time since we moved in (about a month ago), and the latest we've come home to the apartment is around midnight. We have smelled marijuana in the hall and stairwell, but didn't complain on account of not being dicks.

So I guess there are two parts to this question: 1) Do we need to get a lawyer yet or is this something we should try to work out with them on our own? 2) How can they do this based solely on hearsay?

This is in Lincoln, Nebraska.

posted by Hypocrite_Lecteur to Law & Government (27 answers total)

Surely they need to define 'at all hours' and provide some sort of proof of the drug use. Is there any sort of provision in your lease for limited access to your apartment in terms of time of day?

If not, then tell them to poke it. And surely no-one signs a lease defining times of access to your own home? I'd also tell them that, unless they have any direct proof of you using drugs illegally, that they either provide some or prepare to accept legal proceedings for defamation of character, Play the moral high ground. Say you've never done drugs in your life, and that you are grossly offended the accusation. It is up to them to prove otherwise.


(if you do have drugs, get rid of them now ;) )

I think indignant declarations of innocence combined with reasonable levels of anger is warranted. You haven't, according to the facts as presented, done anything wrong.
posted by Brockles at 8:48 PM on December 1, 2007

They can't accuse you of something like that without proof and I am surprised any property manager would put that in writing because it is quite provocative and leaves them open to a lawsuit from you for all sorts of things if they go on to press an eviction. Is there anything in your lease about when guests can come and go? My guess is no. They received a complaint from one or more neighbors and they are responding to those complaints. Ask them for proof, for exact times of the supposed disturbances and also ask them who complained so that you may have a neighborly conversation about the disturbance because it is not your desire to disturb any other tenant. Contact your local rent board and find out your legal rights and fight back.
posted by 45moore45 at 8:49 PM on December 1, 2007

Look around for a renter's rights group or a renter's self-help legal group. Contact them immediately. The cost should be little or nothing for you. And the snarky comment about leaving Nebraska isn't helpful. I happened to have gone to undergrad in Lincoln and found it was a town full of decent people.
posted by notjustfoxybrown at 8:49 PM on December 1, 2007 [1 favorite]

1) I would try to work it out with them first. Simply explain what you've explained here. If they didn't contact you by phone first, you may want to re-examine whether you want to live there (or give them money each month, for that matter).
2) Welcome to the United States of America. That being said, check into local tenants' law.

While it wouldn't end up working, a threat to sue for libel might be a good nuclear option.
posted by dkleinst at 8:51 PM on December 1, 2007

Also, I'd include a rather snippy letter saying that, being as you yourself noticed that there was drug use evident in the building, that you expect them to deal with the TRUE culprits rather than hounding the new people. Throw the emphasis straight back at them. After all, you've only been there a month. I'd also block payment until they stopped all the accusations and bullshit. With a bit of luck, you'll end up living on your deposit and won't be out of pocket if they are complete nutjobs and kick you out with no respect for logic and fact.
posted by Brockles at 8:52 PM on December 1, 2007

First do a net search for the landlord lease act for your state. Make sure what your rights are. You denied the pot smoke, but what about the comings and goings of other people? The "coming and going at all hours" is generally known as an annoyance and despite the pot smoke, they may still be able to evict if you fall under that category.

Next I would speak to the landlord and try to work it out that way. If that doesn't work, then contact Clark Howard (there is a link to his contact form) and see what he suggests. He's amazingly helpful.

"Leave Nebraska" is no help at all. I hate unhelpful comments like that. It's such an annoyance.

Good luck to you.
posted by magnoliasouth at 8:56 PM on December 1, 2007

Please do not withhold rent. That is a violation of your lease and can result in a legitimate eviction. As a general matter of course, never withhold rent without discussing the matter with a lawyer. You could be entirely in the right and still end up on the street.

As for an answer to your question, I agree with Brockles. This is possible defamation of character and should be dealt with as such.

When your lease finishes, also consider moving somewhere else.
posted by saeculorum at 9:28 PM on December 1, 2007 [1 favorite]

Do you have a bunch of stoner-looking people coming and going at all hours? Do you have a bunch of long-haired, liberal-looking people coming and going at all hours? Are you playing Pink Floyd's The Wall at 3 a.m.?

I think your landlord's note is outrageous, but I am curious about whether there is anything about your doings that has got your uptight neighbors irritated at you and eager to blame you for the marijuana smoke.
posted by jayder at 9:29 PM on December 1, 2007 [1 favorite]

This is possible defamation of character and should be dealt with as such.

It's not defamation to accuse Hypocrite_Lecteur of being a pot-smoker, to Hypocrite_Lecteur, if you are not accusing him of being a pot-smoker to anyone else. Defamation requires publication; i.e., you must publicize the defamatory statement to at least one other person.

If you don't get any satisfaction from the landlord, I would suggest just moving the fuck out. Hiring a lawyer, all that crap, is just a waste of time and money to spend to stay in a place that is hostile to you --- how can you be at home with a lot of assholes like that?
posted by jayder at 9:34 PM on December 1, 2007

Best answer: While it's usually a good idea to consult a lawyer about these matters I'd probably also write back to the manager asking if they are sure they wrote to the one person. And if, for some reason, these allegations have been made against you you would welcome the opportunity to discuss them with whoever made them, as they are inconsistent with your experience/behavior. This would a) give the landlord an easy out to change their mind, and b) give you a civil way to address the issue. Keeping calm and giving people a way to save face helps a lot in situations like this.
posted by frieze at 9:44 PM on December 1, 2007 [2 favorites]

oops, "wrote to the right person".
posted by frieze at 9:45 PM on December 1, 2007

Response by poster: To answer your questions, Jayder, no, we don't have stoner-looking friends coming and going at all hours; we only occasionally have any guests at all. We don't listen to music loudly or late at night, and it's just as likely to be Bach as Pink Floyd. Our politics do tend a bit (OK, a lot) left but there's no way any of our neighbors could really know that.

I understand the advice about getting out, but we just moved a month ago and moving again sounds like a pain in the ass. Besides, we'd have to have some legal justification for terminating the lease early or else pay a lot of money.
posted by Hypocrite_Lecteur at 9:45 PM on December 1, 2007

Best answer: Huge caveat: I do housing law, but in NY, which may be very different from Nebraska law. Not that any of the following is legal advice from me to you or anyone else.

What you received is what is called in NY a Notice to Cure. Basically, it gives you notice of an act that you're allegedly engaged in that is in violation of your lease, and gives you a certain time (in this case, fourteen days) in which to cure it. If you don't cure it in a manner satisfactory to your landlord that brings you back into compliance with your lease, and continue to live in the apartment beyond the thirty days after your notice date, the landlord can terminate your lease and start a proceeding against you. In NY, you're holding over after the termination of your lease, so the proceeding's called a holdover.

Now, in NY at least, notices to cure must be a lot more specific than the one you received. The tenant must have notice of what the actual lease breach is, because otherwise, it's not fair to ask him or her to cure it. Normally, I can fight Notices to Cure that don't specify times, dates, frequency, and so on, and which don't specify which provision of your lease the tenant is breaching.

So, I would start with your lease first. Don't assume it actually says you can't smoke pot in your apartment -- it might well say something more general, like you can't interfere with your neigbhors' quiet enjoyment of their apartments. Now, see if there's something in the lease about how to deal with these kinds of notices, and also whether there's an attorney's fee clause in the lease. If there is one, it will specify that the prevailing party in a lawsuit will be entitled to attorneys fees. If you see a provision like that, it could mean that you should think more about engaging in litigation unless you're sure you'll win.

Having looked at all this, if you have the savvy, try to do some landlord-tenant research online for your jurisdiction. If not, consider consulting a lawyer in your town. There's also a huge potential benefit from talking to your management company and trying to clear this up directly, to avoid a long and costly lawsuit. If you're on good terms with them, there might be some value in saying, hey, that wasn't me, and therefore I wouldn't know how to cure this alleged breach -- what should I do.

Again, not your lawyer, not legal advice. Good luck.
posted by lassie at 9:48 PM on December 1, 2007

Do we need to get a lawyer

Yes.
posted by Ironmouth at 10:45 PM on December 1, 2007

Are you a Nebraska student? If so, you're already paying for a lawyer. Give them a call.
posted by the christopher hundreds at 10:56 PM on December 1, 2007

n-thing the suggestion not to withhold rent. It sounds like you'll be fine with a polite-but-assertive talk with your landlord, but withholding rent is a sure way to get evicted, and the law will will not be on your side.
posted by electric_counterpoint at 11:40 PM on December 1, 2007

We received a very nasty letter from out property management firm informing us that our neighbors were complaining that we weren't cleaning up behind our dog. We were threatened with eviction and breach of contract, etc. etc. etc. When I went to the office and explained that we didn't own a dog, they said, "Oh, sorry about that." Simply pointing out the misunderstanding will do the trick. Don't be rude or snippy until it's time to be rude and snippy. Which is not now. Not yet anyway.
posted by Crotalus at 12:58 AM on December 2, 2007

Just to add briefly to all the other suggestions: document every exchange you have with your landlord concerning this matter. Keep copies of letters and emails. Try to conduct all communication from this point on regarding this matter in writing - if that's not practical, keep detailed records of phone conversations. I'm thinking won't go to court, but you might need those documents.

At any rate, unless the management company is batshitinsane (it happens, rather a lot) I'm guessing this is a misunderstanding and they contacted the wrong tenant, and that they will acknowledge the mistake and let you off the hook.
posted by louche mustachio at 3:14 AM on December 2, 2007

Uh, y'all who're suggesting suing for libel or defamation of character: In your rush to find a way to sue, you may be forgetting that those concepts are defined by one's public reputation being damaged. You can't libel or defame someone unless you're actually telling people. Just insulting someone is not actionable -- at least, I hope it's not.
posted by loiseau at 3:54 AM on December 2, 2007 [1 favorite]

>It's not defamation to accuse Hypocrite_Lecteur of being a pot-smoker, to Hypocrite_Lecteur, if you are not accusing him of being a pot-smoker to anyone else. Defamation requires publication; i.e., you must publicize the defamatory statement to at least one other person.

It is not defamation at this point, but it could be when legal papers are filed that contain the accusation. And if the responses suggested above are made, that fact would help to establish that they are being made at that point without a reasonable basis, with a reckless disregard for their truth, thus overcoming privilege issues in some states. But in some states, court filings are covered by another privilege.

All of this supports the idea of seeking competent legal advice.
posted by yclipse at 5:16 AM on December 2, 2007

I'd send a letter back, just so it was on the record, responding.

"Since no person has come or gone from my apartment later than midnight, and marijuana has not been in my apartment at any point, I believe you have the wrong person. Please recheck your sources of information. Thank you."

I once got an eviction notice mistakenly. It was intended for the next apartment over. Very confusing.
posted by rokusan at 5:52 AM on December 2, 2007

Sorry, it was a little late last night when I typed my prior answer, so excuse the typos, and I should also have said, if you can't work it out with your landlord directly, and you are served with court papers, that's when you should seriously think about lawyering up, since you're probably going to court. Not that you can't defend yourself without a lawyer in civil/housing court, but what I'm calling a holdover is a trickier proposition than a simple non-payment of rent case, where the rent is either owed (in which case you pay it or work out a payment plan) or it's not. Also, try to reduce all communications with your landlord to writing, even if it's only documenting phone calls or in-person conversations.

If you get court papers, DO NOT IGNORE THEM, even if your landlord has promised that you can work the issue out on the side. Do exactly what the papers tell you to do (normally to go to court and put in an answer, or to appear in court on a certain day). If I had a dime for every person who told me that they didn't go to court because the landlord told them not to bother, I'd be a much richer person than I am today.

If you're going to research this issue yourself, look specifically for the following things: 1) Must your landlord take you to court before he can evict you? I'd imagine so, but it doesn't hurt to check, so that you're not surprised one day when you're at work. 2) How specific must these kinds of notices be? This is what makes holdovers so tricky -- there are rarely laws or statutes that say exactly what should be included in such notices. It's normally (here at least) case law.

Finally, disregard the advice that you can sue for defamation or libel. Besides being of dubious truthiness, it's something of a red herring, since you indicate your priority is to resolve this mess and to stay in the apartment.
posted by lassie at 8:46 AM on December 2, 2007

Just to clarify, as it seems my words were taken too literally, my point was to use the suggestion of defamation of character to emphasis the indignation that you view the claims in. A means of demonstrating how shocked that you could be accused of something so disparate to your actual character. It never occurred to me that anyone would actually seriously consider suing in that situation, if I'm completely honest, so the legal validity never occurred to me.

On reflection, and reading the other answers, the 'you seem to have sent this to the wrong apartment' seems like an excellent first response - in which case bemusement seems a more appropriate tone...
posted by Brockles at 8:53 AM on December 2, 2007 [2 favorites]

I'd also block payment until they stopped all the accusations and bullshit

If you take this route, don't just stop paying. Put it in escrow and notify them you have done so. IANAL
posted by nax at 9:28 AM on December 2, 2007

You don't have a legal right to withhold payment; since (I assume) you're still living in the apartment--and (I assume) the landlord is meeting his obligations from your lease.
posted by Civil_Disobedient at 4:12 PM on December 2, 2007

I'd also block payment until they stopped all the accusations and bullshit

This suggestion is ridiculous, and almost certainly, you are without any legal basis for blocking payment.
posted by jayder at 8:23 PM on December 2, 2007

This suggestion is ridiculous, and almost certainly, you are without any legal basis for blocking payment.

Just for anecdotal reference, this technique has worked on a number of occasions for me to remove issues in tenancy disputes. Nothing clarifies exactly what the landlord wants to happen like not getting their money, and if you phrase the reasons correctly for withholding (as opposed to refusing to pay) it can have a significantly 'motivating' effect.

All this, of course, happens well before the legal process. And, by my experience, more 'effective' than ridiculous. The emphasis is on 'withholding' rather than 'refusing to pay'. Two very, very different options.
posted by Brockles at 8:44 PM on December 2, 2007