QUESTION
Can I sue her for the false charges and can I sue to remove the broken lease form appearing on my credit?
Asked on Jun 11th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
My landlord filed false assault charges against me. I went to trial and was found not guilty. After that I no longer felt comfortable so moved out breaking my lease.
4 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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You can sue for false police report by your former landlord. You cannot sue your landlord to fix a credits report. You should contact the reporting companies to see if they will take it off.
Answered on Jun 13th, 2014 at 8:38 AM
You can sue for defamation but I do not see how you can get the broken lease off any records it might appear on.
Answered on Jun 13th, 2014 at 3:56 AM
You broke your lease and are responsible. The fact you were "uncomfortable" did not provide a legal basis to break your lease.
Answered on Jun 12th, 2014 at 4:31 PM
Real Property Law Attorney serving Owosso, MI
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Moorhead & Moorhead PLLC
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Yes. You could sue for abuse of process or malicious prosecution. Has anything appeared on your credit at this point in time? Generally, when landlord/tenant related, your credit report only reflects actual Court Cases. Landlord could use another source to place "debt" on your credit. Landlord has six years to sue for your breaking the lease. You have must less time to file for abuse of process or malicious prosecution. Since your breaking the lease was because of the landlord's actions, you shouldn't be held responsible for breaking the lease.
Answered on Jun 12th, 2014 at 9:50 AM