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Does landlord threat to file a false police report against tenant qualify as evidence of malice?

San Diego, CA |
Filed under: Landlord-tenant law

I’m suing my previous landlord for defrauding me into making improvements to the apartment I rented in exchange for rent credit. When I demanded that the landlord properly compensate me, the landlord retaliated by threatening to file false police reports against me with false accusations of trespass, destruction of property, etc., and I have the recordings of the voicemails with the threats. Civil Code 1942.5(f)(2) allows an award of punitive damages for retaliatory acts made with fraud, oppression, or malice. Do the threats to file false police reports count as malice?

Attorney Answers 3

  1. "Threats" of retaliation do not amount to retaliation. So, unless he actually acted on his threats, you have no retaliation case on these facts.

    Kevin King, Principal- Essential Law Services. HTTP://ESSENTIALAW.COM. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or another qualified attorney off-site.

  2. Your situation sounds as though you need a lawyer. Rather than get advice on the Internet, please contact me for a free consultation at 877-603-8473 and we can go over everything in detail. My website it below. Best of luck.

  3. I have to agree with Attorney King.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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