Legal Question in Personal Injury in California

My roommate (who has already given her 30 days notice to move out) has been making false accusations to our landlord about my current roommate and I. We've had personality conflicts between the three of us in the past and she is moving out. My remaining roommate and I are planning on staying in the house, but our future ex-roommate has been calling the landlord and making false accusations of us trashing the place, throwing huge parties, and having guests LIVING in the house that have never existed. The only guests we have had have been here for no more than a few days and were cleared by all roommates. Obviously my landlord was upset to here these things, as would anyone. I've spoken to her to explain my side, but am not sure what kind of decision she will be making, seeing as our lease is month to month, and she may wish to have all of us leave at this point. My neighbors are more than happy to back up the fact that we are upstanding neighbors, and that these accusations are not true. If our living situation is jeopardized by these false claims, can I pursue legal action? She is already moving out and is clearly just doing this to inflict as much damage as possible.


Asked on 6/25/10, 4:45 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Get statements [signed under penalty of perjury] that the accusations are false and your present roommate should also prepare a written rebuttal and give this to the landlord, asking that she not terminate the lease on the unfounded, false allegations, but that if she does not renew the lease can she sign a statement why so that you can sue the ex-roommate. Ask if she will mind being a witness for you and that the suit would only be against the ex. [since she will not want to be a witness, she may decide not kicking you out is best]. You could sue the ex for defamation and interference with a contract, but showing damages wil be difficult.

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Answered on 6/25/10, 9:23 pm


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