Does my landlord has a right to leave a review on me?

[Leviofan]

I live in California.

I am landlord myself, have one property in Memphis. My landlord here in California mentioned something like going to the website she heard about and start reviewing her tenants. Even though, I think it is probably a good tool for landlords, I am wondering if that is legal to review tenants without getting their approval first?

Thanks

 

[quincy]

Leviofan, the "preview" feature on this site tends to erase posts when you submit them after a preview. No idea why. You can, however, use the "edit post" feature to add your questions, or you can use the "reply to thread" to add your questions.

Please remember to include the name of your state. Thanks.

To answer your title question now, though, it is not illegal for a landlord to tell others about the type of tenant you were, as long as the landlord sticks to truthful statements or offers pure opinion (which is opinion that does not state or imply any false facts). In fact, many if not most landlords will check with a prospective tenant's previous landlord as one way to determine whether to accept an application for tenancy or not.

 

[Leviofan]

Leviofan, the "preview" feature on this site tends to erase posts when you submit them after a preview. No idea why. You can, however, use the "edit post" feature to add your questions, or you can use the "reply to thread" to add your questions.

Please remember to include the name of your state. Thanks.

To answer your title question now, though, it is not illegal for a landlord to tell others about the type of tenant you were, as long as the landlord sticks to truthful statements or offers pure opinion (which is opinion that does not state or imply any false facts). In fact, many if not most landlords will check with a prospective tenant's previous landlord as one way to determine whether to accept an application for tenancy or not.

Thank you very much for your explanation about my disappeared post, this is exactly what happened. And thanks for your answer, I appreciate your help.

 

[quincy]

Thank you very much for your explanation about my disappeared post, this is exactly what happened. And thanks for your answer, I appreciate your help.

You're welcome, Leviofan.

As an additional note, I think it is an extremely bad idea for landlords to rate tenants on a website, just as I think it is not smart for tenants to rate their landlords on a website.

It is too easy for a person to slip from pure opinion and fact into potentially defamatory falsehoods, for one thing. Plus, prospective tenants might avoid landlords who are known to rate tenants, just as landlords avoid tenants who post negative reviews about landlords. I find these ratings sites a problem and rating tenants would be a questionable business move for a landlord, at best.

 

[Leviofan]

You're welcome, Leviofan.

As an additional note, I think it is an extremely bad idea for landlords to rate tenants on a website, just as I think it is not smart for tenants to rate their landlords on a website.

It is too easy for a person to slip from pure opinion and fact into potentially defamatory falsehoods, for one thing. Plus, prospective tenants might avoid landlords who are known to rate tenants, just as landlords avoid tenants who post negative reviews about landlords. I find these ratings sites a problem and rating tenants would be a questionable business move for a landlord, at best.

Hmm never thought about that, why? What if landlord writes good things about his or her tenants?

 

[quincy]

Hmm never thought about that, why? What if landlord writes good things about his or her tenants?

If a landlord writes good things about his or her tenant, the tenant will either be pleased - or upset that s/he is being written about on the internet.

Some people like to be left alone and they work hard to keep their names and their addresses and any other personal information off the internet. There are many posters who come to this site, for example, asking how they can get negative, or defamatory, or private, or personal information removed from locations online - and it is often difficult or impossible to do so.

As I said, I have a bias against review sites. I think the original intent of many sites was probably good (to provide a consumer service), but now many review sites attract disgruntled and/or disturbed individuals who have personal axes to grind.

 

[tranquility]

A good review can also lead to liability if someone reasonably relies on it and is hurt. Establishing liability for good would be a lot easier than for bad reviews.

 

[You Are Guilty]

A good review can also lead to liability if someone reasonably relies on it and is hurt. Establishing liability for good would be a lot easier than for bad reviews.

Detrimental reliance seems a bit of a stretch. I mean, I did go try the new Taco Bell breakfast items this weekend based on a local Yelp review. Suffice it to say, I won't be going back. What can I sue the yelp reviewer for?

Benefit of the bargain? (I was going to get McDonalds but for the favorable review). Consequentials? (About 1/2 roll of Charmin). Punitives? (I am fairly sure I can prove this was a deliberate misrepresentation aimed at the public in general. There is no way anyone with a functioning colon can think it is a good idea).

And don't even get me started on the emotional support taco I need now that my landlord won't let me have, saying it violates the "no offensive odors" policy. (Needless to say, I am going to make a huge stink over this issue).

 

[Zigner]

... (About 1/2 roll of Charmin). ...
... (Needless to say, I am going to make a huge stink over this issue). ...

Happy Monday everyone!

 

[tranquility]

Detrimental reliance seems a bit of a stretch. I mean, I did go try the new Taco Bell breakfast items this weekend based on a local Yelp review. Suffice it to say, I won't be going back. What can I sue the yelp reviewer for?

Benefit of the bargain? (I was going to get McDonalds but for the favorable review). Consequentials? (About 1/2 roll of Charmin). Punitives? (I am fairly sure I can prove this was a deliberate misrepresentation aimed at the public in general. There is no way anyone with a functioning colon can think it is a good idea).

And don't even get me started on the emotional support taco I need now that my landlord won't let me have, saying it violates the "no offensive odors" policy. (Needless to say, I am going to make a huge stink over this issue).

Why do you think employers are advised to give specific information on a reference check? Generally, job title (sometimes responsibilities), final salary and dates of employment. Same with tenant references. I think the real fear is if you get rid of a serial rapist by saying he was a wonderful tenant.

http://corporate.findlaw.com/business-operations/mum-s-the-word-landlord-liability-when-providing-a-reference-for.html

 

[quincy]

I think the key word in tranquility's post is "reasonable." I am not sure it would be considered reasonable to rely on a Yelp review.

 

[You Are Guilty]

I think the key word in tranquility's post is "reasonable." I am not sure it would be considered reasonable to rely on a Yelp review.

That's the funny thing with "duty" (pun not intended), particularly to third-parties. Is it any more reasonable to rely on a Yelp review versus a prior landlord?

What if I muddy the waters and tell you that it is commonly known in the industry that if you want an "honest" review, you never contact the most recent LL, because if the tenant is terrible, that LL will say anything just to get rid of them, whereas the prior LL no longer has that motivation. How does that factor in to the reasonableness analysis?

And yes, I realize this is somewhat of a slippery slope argument, but I think this ever-expanding definition of "duty" is one of the biggest problems with the law today. At a certain point, people have to be responsible for their own actions and should stop looking to blame others for their own mistakes. (That said, if I am wrong about this, then I'd like to sue you.)

 

[TigerD]

What if I muddy the waters and tell you that it is commonly known in the industry that if you want an "honest" review, you never contact the most recent LL, because if the tenant is terrible, that LL will say anything just to get rid of them, whereas the prior LL no longer has that motivation. How does that factor in to the reasonableness analysis?

And you never rely on the number the prospective tenant provides. Look up the property owner/management company yourself.

DC

 

[quincy]

IF your statement is true, YAG - that "it is commonly known in the industry that if you want an 'honest' review, you never contact the most recent LL, because if the tenant is terrible, that LL will say anything just to get rid of them" - then I would think there would be some foreseeability of harm and, hence, unreasonable to rely on any statements made by the most recent landlord about the tenant.

Just as I would think, regardless of what any Yelp reviewer says, that it is unreasonable to expect to use anything less than 1/2 roll of Charmin after visiting Taco Bell, for breakfast or otherwise.

... (That said, if I am wrong about this, then I'd like to sue you.)

As to the above quoted portion: Skip the thought of suing the Yelp reviewer or me and go after Taco Bell. Taco Bell has much deeper pockets.

 

[You Are Guilty]

That's exactly what I would expect a deep-pocketed defendant to say. So now my settlement demand to you is one Taco Bell sausage breakfast burrito and a quart of Immodium.