Is it legal for my landlord to tell a past tenant he is giving me a no-cause eviction 3 days before I even receive my eviction notice?

UPDATED: Aug 30, 2011

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Is it legal for my landlord to tell a past tenant he is giving me a no-cause eviction 3 days before I even receive my eviction notice?

Asked on August 30, 2011 Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If it is true, yes. There is no law saying that a person may not disclose an eviction, either past or pending, to third parties. Since evictions become public records (e.g. once the action is filed), and since landlords will also disclose tenant problems in various other contexts (e.g. when a new landlord asks for a recommendation), there is no privacy interest in the information about the eviction.

If the landlord is stating a false fact--i.e. he is not actually going to do this--then it may be the case that the landlord may be committing defamation: defamation to stating or publicizing to any third parties an untrue factual statement that damages a person's reputaton and/or makes other less likely to do business with them. If this is the case, you may have a claim for defamation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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