Slander & Libel (by Jan [MO]) Aug 13, 2018 10:47 AM
Slander & Libel (by S i d [MO]) Aug 13, 2018 11:04 AM
Slander & Libel (by myob [GA]) Aug 13, 2018 11:44 AM
Slander & Libel (by myob [GA]) Aug 13, 2018 11:44 AM
Slander & Libel (by Jeff [CO]) Aug 13, 2018 12:12 PM
Slander & Libel (by AllyM [NJ]) Aug 13, 2018 3:20 PM
Slander & Libel (by Mike45 [NV]) Aug 13, 2018 3:56 PM
Slander & Libel (by Jan [MO]) Posted on: Aug 13, 2018 10:47 AM Message:
Brad 20,000's dilemma below prompted me to post. I'm a very small time landlord, but many of you are not and many of you seem to have dealt with bad or negative reviews being posted online - often anonymously - about you by former tenants. These have hurt your business. I feel for you. How very frustrating, to say the least.
I believe courts take it seriously when someone interferes with another's ability to earn a living, any type of living. Anything negative said about you to a third party that is clearly false is slander. A problem arises when the comments aren't clear falsehoods, but are more the person's opinions or impressions. Nevertheless, making defamatory remarks about someone to a third party, even to the neighbor down the street, let alone posting it online for the world to see, is slander. These people can be sued, and have been sued. And landlords have sometimes won. It also may be possible to find out who is behind the anonymous posting. At least this is what I read doing 5 minutes of quick online research.
I don't think asking tenants to sign some type of "covenant not to post negative remarks about my landlord" is worthwhile. But tenants run the risk of a landlord suing them for defamation if they decide to start bashing the landlord on line. There's nothing wrong with letting them know. Millennial tenants especially seem to "forget" that what they say online can have serious consequences. You lose nothing by reminding them.
--144.191.xxx.x |
Slander & Libel (by S i d [MO]) Posted on: Aug 13, 2018 11:04 AM Message:
Could I sue a tenant for saying bad things about me? Sure, I suppose I could. Will I for the most part? Nah, not worth my time.
I live in a community of about 250,000 people, and I rent to Class C demographic. I doubt most folks even search out reviews for us. I have a Facebook page for our business and a Zillow profile that people can rate. To date, no one has. Even the ones we've evicted.
Know how I'd respond if they said something? Most likely, I'd ignore it, or use a throw away, "Sorry to hear about this, please reach out to our office...." response. If worst came to worst, I could simply post a link to their court case to show why they were evicted. It's public info, so no privacy concerns.
I work hard to ensure we have good relationship with our residents, but when they violate the lease repeatedly and/or fail to pay rent, we stick to the lease. Firm, fair, and fast. If they want to whine about that publicly, then game on.
Last tid bit for clarity: Slander = spoken. Libel = written. Hard to prove slander. The standard is tough: I have to prove not only that the information presented is factually false, but also that I somehow suffered damage. If a tenant says, "So-n-so is a jerk..." that doesn't count. Maybe I am a jerk. (wink)
I think in the end developing a thick skin, treating folks well within reason, and staying professional is the best "defense" one can have against unfounded accusations. Develop a reputation that is above reproach. Most intelligent folks know to ignore the reviewers who simply have an ax to grind or go off on a rant, and I assume we would all prefer to rent to intelligent renters. --173.19.x.xxx |
Slander & Libel (by myob [GA]) Posted on: Aug 13, 2018 11:44 AM Message:
I love the letters from the BBB. The ones where tenants wrote to them about how bad we are for not replacing a door that her boyfriend kicked in. anyway I told BBB people with your reputation where do you come off chastising anyone. Your under indictment for wrong doing. they stop right after that.
when you deal with 100's of tenants a year just keep looking forward and don't get caught up in the static of tenant posts.
What frosts me most-- more than even tenants posts is occasional poster here that with their 2 or 3 rentals tell you how bad a person you are. A poster with 20 posts over the year writing how couth (un) you may be. Based on what? a post that wasn't the king's english?
that's bothersome. --99.103.xxx.xxx |
Slander & Libel (by myob [GA]) Posted on: Aug 13, 2018 11:44 AM Message:
I love the letters from the BBB. The ones where tenants wrote to them about how bad we are for not replacing a door that her boyfriend kicked in. anyway I told BBB people with your reputation where do you come off chastising anyone. Your under indictment for wrong doing. they stop right after that.
when you deal with 100's of tenants a year just keep looking forward and don't get caught up in the static of tenant posts.
What frosts me most-- more than even tenants posts is occasional poster here that with their 2 or 3 rentals tell you how bad a person you are. A poster with 20 posts over the year writing how couth (un) you may be. Based on what? a post that wasn't the king's english?
that's bothersome. --99.103.xxx.xxx |
Slander & Libel (by Jeff [CO]) Posted on: Aug 13, 2018 12:12 PM Message:
Some key points:
Slander and libel suits aren't easy to win. Of course the best defense is if what the defendant said was true. Then it's not libel or slander.
You have to prove actual damages in many states. You can't just say you want a million bucks because someone slandered you.
Also, you can't slander or libel someone who isn't alive. You would not have a case.
--98.245.xx.xx |
Slander & Libel (by AllyM [NJ]) Posted on: Aug 13, 2018 3:20 PM Message:
Facebook is limited and I doubt that anything except a news report on tv would stop someone from looking at a unit. And even then people have short memories. --73.178.xxx.xx |
Slander & Libel (by Mike45 [NV]) Posted on: Aug 13, 2018 3:56 PM Message:
Statements of opinion are not defamation.
What constitutes an opinion vs a statement of fact varies -- if I call someone a bast@rd, am I asserting factually that his parents were not married, or simply that I do not like the person? If I call a woman a bi+ch, am I really saying that she is canine?
A lawsuit for defamation is a very hard one to win. And most likely, the defamer is without a lot of money, and what attorney wants to take a case on contingency when any judgment is unlikely to be collectible?
--71.222.xx.xxx |
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