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Lessor/Leasee Issue Slander !

Discussion in 'Commercial Landlord & Tenant Issues' started by rogerj, Jan 28, 2009.

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  1. rogerj

    rogerj Law Topic Starter New Member

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    My jurisdiction is: IL

    I will try to be brief but it may not be that easy.... There are several issues to look at on this case... The first would be to void lease and move on but I can not do that until I find another shop.... The second and main questions is any legal recourse for the landlords actions.

    I rented a shop / storage garage for my business, the lease is in both my name personally and the corp name... I mailed the signed lease and deposit of $500.00 and rent for 10 days in December. An unknown individual called me and said no one by that name was at the address and wanted to mail back check and lease, She did.... I also mailed January rent to the landlord at the address on the lease. I left the lease and original check at the single family home on the property because his mother lives there... I have come to discover that the January rent was never received. He called me and left messages after six p.m. on Friday, during the day on Saturday. On Monday night he also left a message stating if he didn't receive the rent in three days he put me stuff out.

    He showed up at my personal residents on Tuesday night at 9:15 p.m. mind you rent is only 25 days past due and there is belief of a mailing issue...

    I wrote him a check for rent had a few words he handed me a five day notice just in case the check was no good. Mind you he cashed the first check without an issue....

    After reviewing the issue and still not understanding what happened to my check I mailed I figured out the address he put on the lease was incorrect. There is a Westwood "Drive" in a business district and Westwood "Trail" in the same town but miles apart in a residential district. So he didn't receive the rent because he put the wrong address to mail it to in the lease.

    I am fuming by now !!! But the legal question: From my website he contacted my brother who has a webpage with his phone number and told him I owed him money and could my brother get me to pay $500.00 for rent. I found this out this morning when I returned my brothers call from last night.

    Thanks for your help
     
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    And what was your legal question?

    Gail
     
  3. rogerj

    rogerj Law Topic Starter New Member

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    Issue

    Do I have legal case against the landlord for calling a family member and discussing me owing rent ? Is there something in the privacy act or liable and slander etc that would apply....
     
  4. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    It is unlikely you'd win any court case regarding slander.

    In a sense, you're lucky although it certainly wasn't your fault that the rent check got sent to the wrong address. Commercial tenants do not have the same rights as folks on residential leases. Your landlord could have locked you out of your place of business when you were considered to be one day late on the rent and although this didn't end up being your fault, getting this straightened out could have really affected your business finances.

    This is also not justification for voiding your current lease.

    Gail
     

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