Malice

[Specialladyt]

Can I sue in small claims for malice, creating a nuisance, malicious prosecution, landlord retaliation, and lastly breach of quiet enjoyment?

Thanks!

 

[jacksgal]

Your not giving us much to work with here

 

[Specialladyt]

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[Specialladyt]

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[dee_dub]

The construction workers knew it was me and they retaliated against me by filing several reports that I was harassing them (3) and then set me up and told police I flipped them the bird, I was arrested for harassment, it went to court and was completely dismissed. RETALIATION!

"Set you up" how? And how would you prove this in court?

If they filed a false police report, your most obvious recourse is through the criminal law. You might conceivably have a claim of defamation or negligent infliction of emotional harm against the workers and the construction company, but IMO those are long shots.

I then got a three day notice with made up crap to intimidate me. I stopped paying rent and later was evicted for nonpayment of rent. STUPID!

I concur, there were better ways to respond to the letter. Paying rent is the tenant's primary obligation.

The managent company made no "good faith" effort to stop this construction.

Why should they have? The fact that it was "luxury" does not, as far as I know, mean no construction was allowed.

What did the local bylaw officer say when you complained about the construction late in the evening?

I feel this was done in malice because the business pay 10,000 in rent and I paid 1,100. They cut off all communications with me and I was told to direct all contact with their attorney.

"Malice" is not in and of itself actionable. (Nor does what you've said so far amount to malice by the property management company as far as I can tell.) They have to have done something to you that caused you damage.

From what you've posted above, I don't see any claim against the property company, and at best a tenuous claim against the construction workers.

 

[Specialladyt]

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[dee_dub]

Throwing everything and the kitchen sink at the people you think you've wronged you is unlikely to work. There might be a few claims here, but many of the things you want to sue the various parties for are implausible.

Basically your saying that people can break city ordances for three months,

I don't recall giving anyone my blessing to go around breaking city ordinances. If I were to say anything about people breaking city ordinances, I would say that there are appropriate avenues for complaint. You complained to the police; they came and put a stop to it. That's an appropriate resolution.

Landlords don't have to put a stop to a tenant's nuisance of disturbing other

That depends on the terms of your lease agreement and the nature of the disturbance. But yes, from what you've posted so far, I can discern nothing requiring the landlord to put a stop to the tenant's construction.

Now, this...

We all had clauses in our lease stating that we would be in violation of our lease if any disturbance of others accurred.

...might get you somewhere. Tell us more about this clause.

and then retaliating against a less valuble tenant.

I still don't see any "landlord retaliation" here. The thing you called "RETALIATION!" above was an action of the construction crew, not of your landlord. As far as the letter goes, here's what I gather from what you've posted:

After the management company picked up the police report, they wrote a letter stating that they feel that the I was harassing the business, and they would take legal action against me.

Writing a defamatory letter about me that was not true of harassment, publishing it, and then handing the letter off to the construction workers to give to the police.

Without knowing the details of the letter, from what you've posted above, it is not defamatory. It ain't defamatory if it's true, and they (apparently truly) feel that you harassed the business. Whether that opinion is correct is irrelevant; they're allowed to have whatever opinion they please.

Now, whether or not they should have given it to the construction crew is an interesting question. And maybe they were spouting off about something they shouldn't have been. MAYBE you have a case of negligent or fraudulent misstatement. I think it would be a tough row to hoe. And I would seriously question whether it's worthwhile pursuing in court.

And a complete dismissal of a harassment charge, is not malicious prosecution against the so called "victim?"

Yes, malicious prosecution against the contractor might be a possibility (but not, as far as I can tell, against the landlord).