Legal Question in Real Estate Law in Arizona
Previous Tenant is telling lies about vacated property
I have 7 year old home that had water damage due to builder improperly installing a toilet. Insurance company has paid for water damage but ''perceived'' mold was found where toilet was installed. Mold inspector and lab tests proved that mold was remediated. Insurance did not cover cost and I'm afraid this de-valued home because it did go onto report. The previous tenant moved out and I paid all monies because they did not have lease. I also paid for their moving fees out of my generosity. New tenants were supposed to move in last week, previous tenant came to house and on property to tell them the house has mold and not inhabitalb le. I lost tenant and had to give back lease and rent deposit. Can I sue previous tenant for defamation of character and loss of money? What if she keeps doing this? Can I go after the homebuilder? Is it worth the cost of legal fees? Can I write a threatening letter to previous tenant the I will sue if she keeps harrassing new potential tenants? I already filed a police report because the woman trespassed on my property. Any help would be greatly appreciated. Thank you in advance.
1 Answer from Attorneys
Re: Previous Tenant is telling lies about vacated property
I advise you to consult with Matt Koglmeier or Denny Dobbins, 480.962.5353. They limit their practice to representing landlords, and represent about 50,000 units.
What may look like mold may be mildew, not black mold. Your claim against the former tenant would seem to me to be interference with contract, not defamation of character, because the false statement was about a house, not about you personally. You may have a warranty claim on the house if less than two years old. You may have other claims as well.
Best regards and good luck.
James D. Jenkins