Legal Question in Landlord & Tenant Law in Arizona

Defamation of Character by Landlord

My landlord has said things about me that are totally wrong. She states that I have an entire room dedicated to growing marijuana; also states that she knows that my fiance has a motorcycle shop type business being run out of our mobil home. Also, we have been informed that we have to get rid of our pitbull. We realize that she is over 25 lbs., but there are at least 2 other dogs; one is a pitbull that is well over 25 lbs; and they are not being told to get rid of them.


Asked on 2/03/07, 2:51 pm

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Re: Defamation of Character by Landlord

Dear Tenant: I understand that some of the information from the landlord may not be correct, but you still need to comply with the terms of your lease. Your question did not indicate whether you received notice in writing or if this is a third hand roamer. When you are in a calm mood, DON�T DO THIS WHILE YOU ARE ANGRY, you should take time to talk with the landlord. Maybe the landlord got false information from somewhere and let the landlord know you want to set the record straight. A responsible landlord should be willing to hear you out. If an inspection of your unit is appropriate, suggest that the landlord conduct an inspection.

If the statements were made as part of a written notice from the landlord to correct the problem within a certain period of time, you need to comply with the requests. Try the informal approach suggested above in talking with the landlord. Ask the landlord what will happen if you don�t comply. If the landlord is going to take you to court, you may be able to negotiate a termination of the lease and move out before court action is necessary. Keep in mind that if the landlord takes you to court and their request for eviction is successful, you will have to pay all the landlord�s costs and attorney�s fees.

A landlord would understandably be concerned about drug use or drug dealing on their property. They could face criminal or civil charges if they knowingly allow such activity. Is the claim about your boyfriend�s motorcycle repair shop a misunderstanding? Sometimes ordinary tinkering done frequently could appear to be a money-making enterprise, especially if his friends are hanging around at the same time. I would recommend that you review the terms of your lease closely and make sure you comply, this may have to do with what items can be outside or in front of the unit, time of day for activities, etc.

It doesn�t matter if other people are allowed to keep their dogs. If the terms of your lease contain a weight limit for dogs, you need to abide by those terms OR the landlord could take further action, possible eviction. It will not make much difference to an eviction Judge if other tenants have larger dogs; it�s not a very good defense.

All of this may sound like the landlord has the upper hand; the reality is that it is the landlord�s property. You, as the tenant, are responsible for abiding by all the terms of a lease. You unfortunately don�t have the luxury of picking and choosing which terms to abide by. Good Luck

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Answered on 2/04/07, 7:20 pm


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