Legal Question in Landlord & Tenant Law in California

I own a condo on a property that is mixed between homeowners and renters. I own a condo on this property, but when I got married, I moved out for more space for us. We rented a larger unit from the developer. We had a fire in the unit and it was determined we were not at fault for the fire (I had renters ins.) Recently, our HOA newsletter printed a notice to all the homeowners that there was an aftermarket fire grate in the fireplace, and the tenants used the fireplace as their main source of heat for the unit. They implied that we removed the grate that was there (not true) during our lease, we only used that fireplace four times. This fire was in December and we moved in the unit in March of the same year. California never gets very cold, but it was in Nov/Dec. Now, some of the homeowners have made some comments to me about the fire, very negative because money from our HOA dues (partial) was used for the repairs for the unit. I believe this is slander. I own a condo on a property that is mixed between homeowners and renters. I own a condo on this property, but when I got married, I moved out for more space for us. We rented a larger unit from the developer. We had a fire in the unit and it was determined we were not at fault for the fire (I had renters ins.) Recently, our HOA newsletter printed a notice to all the homeowners that there was an aftermarket fire grate in the fireplace, and the tenants used the fireplace as their main source of heat for the unit. They implied that we removed the grate that was there (not true) during our lease, we only used that fireplace four times. This fire was in December and we moved in the unit in March of the same year. California never gets very cold, but it was in Nov/Dec. Now, some of the homeowners have made some comments to me about the fire, very negative because money from our HOA dues (partial) was used for the repairs for the unit. I believe this is slander on the part of the HOA and the developer.


Asked on 11/24/10, 3:58 pm

1 Answer from Attorneys
Hong Shen

Not sure what your concern is. Without seeing the actual HOA letter, it is hard to determine whether it is libellous, especially when you said it was only "implied" that you started the fire. Since your insurance did the investigation and did not find you at fault, you have nothing to worry about. If you really have concerns of libel, you need to talk an attorney who can examine the letter and find out if you have a case. However, a real question is how much damage you incurred that you want to recover. If you cannot prove any damage, then there is no case.

Read more
Answered on 11/29/10, 4:57 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California