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Landlord forcing tenants to "friend" their FB page. BUT that's not all**************

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nver317

Junior Member
Landlord forcing tenants to "friend" their FB page. BUT that's not all**************

Utah

What are our rights/privacy when it comes to social media like this? Here is the notice I just received. Also keep in mind I already signed a contract a couple months ago and there was no mention of this in it.

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Facebook Addendum

This Addendum is entered into on the date below between the parties signed below. It is intended to be a part of the lease agreement between the parties for the leasing a residential rental unit.

Resident(s)__________________________________________print name

Community Facebook Page_____________________________________

1. Friend. Resident agrees to "friend" the community Facebook page as listed above and to maintain the community as a friend so long as teh obligations under the residential rental agreement exist. Resident shall friend the community page within five days of execution of the residential rental agreement. Failure to friend or to remain friended shall be a breach of teh residential rental agreement.

2. Communication. Resident agrees that the owner may communicate any and all required notices through Facebook. This includes amendments, changes, or additions to the Rules and Regulations. Such notices shall be deemed received by the resident on the date and time posted.

3. Pictures. Owner may publish and post pictures of Resident and any occupants on the community's Facebook page and other social media. Resident does hereby grant authority to allow such posting for itself, all occupants, and any guests which it brings onto the premises.

4. Resident legal notices. Any legal notices which the tenant may be required to give to owner may NOT be delivered through the Facebook page. Additionally, any maintenance requests shall not be deemed received by management until actually received. Resident acknowledges that it is Resident's responsibility to verify receipt of any communication with Owner. Legal notices to Resident shall also not be made through the Facebook page but delivered as required by law.

5. Indemnification. Resident hereby agrees to indemnify the Owner (its managers, employees, agents, and affiliates) and hold it harmless from any and all claims, causes of action, costs, expenses, liabilities, including, without limitation, attorney's fees, judgments, court costs, which may be incurred or alleged by reason of any usage by Owner of the community Facebook. Resident shall not hold Owner or its management or agents liable for any usage of the community Facebook. Resident further agrees that it shall not post or cause to be posted any negative information relating to Owner, the community, management, or any employees on any Facebook page which is open and available to the public or on the Community page. Resident further agrees to not post on any public forum or page negative comments relating to the community.

date_______________________
Resident______________________ Owner_______________________________
 


FlyingRon

Senior Member
If you already are covered by a lease, I'd tell them to pound sand.

You have no rights to social media privacy.
 

nver317

Junior Member
If you already are covered by a lease, I'd tell them to pound sand.

You have no rights to social media privacy.
Maybe but there's other stuff unrelated to social media in that contract. Like being able use photos of myself not only on their page but any social media. There's also that bit that says: We can send you a message and it's considered received but if you send us a message we can say w/e we want.. So if they send me a notice and I reply to it. They could say they never received it. This whole thing is written horribly.
 
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Zigner

Senior Member, Non-Attorney
Maybe but there's other stuff unrelated to social media in that contract. Like being able use photos of myself not only on their page but any social media. There's also that bit that says: We can send you a message and it's considered received but if you send us a message we can say w/e we want.. So if they send me a notice and I reply to it. They could say they never received it. This whole thing is written horribly.
If they are trying to amend and already existing lease, tell them to pound sand (as mentioned by FlyingRon above). If this is part of a new lease that you are contemplating signing, I'd suggest that you either negotiate this away, or not move in. While the amendment may seem stupid, I don't think there is anything illegal about it.
 

nver317

Junior Member
Best part of this agreement is them basically saying they can use my likeness/photos on any social media or their public page. If you want the rights to my photos you must pay me and ONLY if I agree. AND there is no way that when I myself signs this contract it will give anyone the rights to other people's photos mainly guests! Plus it's a public page and if I'm added to it then any creeper that wants to know who lives here can find out and possibly stalk and w/e..
I don't think they should be allowed to provide notices and DEEM the received the moment they're sent (specially since I'm rarely on FB anyways) then turn around and say when we send one back they're received when they say they're received.
 

Zigner

Senior Member, Non-Attorney
Best part of this agreement is them basically saying they can use my likeness/photos on any social media or their public page. If you want the rights to my photos you must pay me and ONLY if I agree. AND there is no way that when I myself signs this contract it will give anyone the rights to other people's photos mainly guests! Plus it's a public page and if I'm added to it then any creeper that wants to know who lives here can find out and possibly stalk and w/e..
I don't think they should be allowed to provide notices and DEEM the received the moment they're sent (specially since I'm rarely on FB anyways) then turn around and say when we send one back they're received when they say they're received.
Then don't sign. If you're considering moving in, don't. If you're being asked to sign in conjunction with a lease renewal, don't (but do plan on moving.) If you're mid-lease (you haven't told us), then don't sign, but do plan on moving at the expiration of your lease.
 

Proserpina

Senior Member
Best part of this agreement is them basically saying they can use my likeness/photos on any social media or their public page. If you want the rights to my photos you must pay me and ONLY if I agree. AND there is no way that when I myself signs this contract it will give anyone the rights to other people's photos mainly guests! Plus it's a public page and if I'm added to it then any creeper that wants to know who lives here can find out and possibly stalk and w/e..
I don't think they should be allowed to provide notices and DEEM the received the moment they're sent (specially since I'm rarely on FB anyways) then turn around and say when we send one back they're received when they say they're received.
How would they know you have a FB page?

Come on ... think about this ...
 

justalayman

Senior Member
Best part of this agreement is them basically saying they can use my likeness/photos on any social media or their public page. If you want the rights to my photos you must pay me and ONLY if I agree. AND there is no way that when I myself signs this contract it will give anyone the rights to other people's photos mainly guests! Plus it's a public page and if I'm added to it then any creeper that wants to know who lives here can find out and possibly stalk and w/e..
I don't think they should be allowed to provide notices and DEEM the received the moment they're sent (specially since I'm rarely on FB anyways) then turn around and say when we send one back they're received when they say they're received.
You do realize that you granted Facebook a license almost identical to the landlords demand, right? Facebook gets to use your photos for free.


When a notice is sent and or recieved is a matter of law.
 

LdiJ

Senior Member
You do realize that you granted Facebook a license almost identical to the landlords demand, right? Facebook gets to use your photos for free.


When a notice is sent and or received is a matter of law .
Or a matter of contract, if a contract is specific...

Seriously, do not sign that addendum.
 

FarmerJ

Senior Member
if you used your real name for facebook and the LL knows your user name its time to make a new user name and close / delete the old one change all its settings and set it so NO one can even see you unless you add them . There are management people where I work who actually have many staff user names and not only do they actually look for disparaging remarks on social media but if they find post made while one was supposed to be working they have actually tried to write staff up. In the end , if the LL pushes it even harder then maybe the best choice is to follow what your lease says and give proper notice that you have no intention to renew and tell the LL your not renewing because of this asinine social media policy they created.
 

nver317

Junior Member
Sooo.. Talked to a lawyer and he said the same thing. "Tell em to pound sand if you already signed the contract". Then said I still shouldn't sign it and if the time comes when/if I'm forced to then to come see him. Till then.. Don't waste your time with it.
 
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