The Responsibility Project^®. Exploring what it means to do the right thing

Taking Twitter to Court

20 Comments

November 3, 2009 by Kathy McManus

If you complain to your friends about your landlord, you might be called an unhappy tenant. 

But if you complain to your friends about your landlord via Twitter, should you be called before a court of law? 

 In a case straight from the uncharted cyber-territory of social networking and personal responsibility, a Chicago renter is being sued by her former landlord for referring to her apartment as “moldy” in a message she sent to a friend. Because the renter transmitted the message using the micro-blogging service Twitter, her landlord accused her of “maliciously and wrongfully” defaming his company “throughout the world.” 

The bitter Twitter battle was on, but the court of law was quickly eclipsed by the court of public opinion. “Foolhardy,” was the verdict from a Harvard media law expert, who said the landlord was “inviting a PR nightmare.” 

The renter only had about 20 Twitter followers, so her tweet got no notice--until the landlord filed suit more than a month later. After a law blogger posted news of the court action, The Chicago Tribune picked up the blogger’s story, Twitter users spread it, Facebook, Digg, and StumbleUpon repeated it, TV and radio outlets followed, and by the end of one week, the tweet was heard ‘round the world in media reports in Russia, Australia, France, Italy, and Japan. 

“You guaranteed that way more than 20 people will hear about your moldy apartments,” was typical of reader responses during the story’s mega-media trajectory. 

The landlord—a property management company for 1,500 Chicago apartments—denied the mold allegation. Whether or not the landlord prevails in court, the case itself has raised numerous questions about personal responsibility and new media. “What is a tweet anyway?” asked the law blogger who originally broke the story. “Is it really considered publishing? Is it a conversation between friends in a public forum, like the electronic version of a coffeeshop, where you can gripe privately but have your gripes overheard? No one considers that defamation.” 

Tell us what you think: Should new media be held to old media standards? If you post a negative comment online—like a product review--should you be sued? In the case of the renter and the landlord, did either of them get it right?

20 Comments

What do you think? Leave a comment

• November 5, 2009 by RONALD STUBBS

  The owners are very wealthy major developers in New York collecting in rotation a magnitude of income drawn from these high rise complex units. This unlawful action taken against low-income tenants and many others living in those buildings are multi discriminating acts with prejudice under inhumane conditions against humanity. He is severely suffering from lung conditions caused by these toxins with those health and housing departments in NY not responding to get them out and relocated as requested by There specialist and other doctors. It seems like their are corrupted lawyers working for both parties, failing systems and various NY housing and health departments neglecting those impaired like Ronald Stubbs. Ronald has stated several people have died in his building complex due to several health hazards not being attended, and feel he is another dying victim awaiting to be removed on the expense of the complex owners and/or management company hired by owners.

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• November 11, 2009 by Marc DiLonardo

  The question here is not about the supposedly moldy apartment, but about whether or not the landlord has a valid case against the renter. I am not a lawyer, nor do I pretend to know the law, but I have a feeling we will see more of this. In my opinion, this is a frivolous law suit, and the judge in charge should dismiss he case.

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• November 16, 2009 by Joey Tayaban

  It was a mistake for the Landlord to sue. I mean, tweeting to friends for the sake of just venting out one's frustration is absolutely ok. These new technologies we have right now give us more ways than one to connect and reach out to one another. If the tweet or message is not defamatory, meaning there was NO deliberate intent of destroying someone's reputation, then there is nothing wrong with it.

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  • February 17, 2010 by Ray Jay

    i'm agreeing with this person i mean why would you sue if they didn't mean it in that way. I mean you just loosing money and alot of money its not just a little bit. But I think if they were meaning it to be wrong ok then you could sue but if not why waste the time in trying to get something out of nothing..

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  • February 17, 2010 by Analesia Marisabel

    If the law agrees and allows Freedom Of Speech then what is the law going to do about this case? The renter was jsut expressing his opinion about his apartment. Instead of taking this the wrong way the landlord could have "up'd" his reputation by confronting the renter to satisfy he/she. Everyone does say "The comstumer is always right" maybe the landlord should keep that in mind instead of being immature about this situation.

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  • February 17, 2010 by fat albert

    I fully agree with you. The man needs to grow up. if he fully thinks that needs to sue let the man do it. hopefully he will grow out of it.

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  • February 17, 2010 by Dale Halland

    i cant believe someone (the land lord) would really make it that big of a deal. its nothing at all; its one persons opinion, and they arent even talkin to you. So wut is the big deal if they tell there friends something negative on twitter. Its just the same as in a coffee shop like it said. People need to grow up a little bit and quit getting mad over dumb stuff.

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• December 29, 2009 by Krystal Bokoch

  The person did not talk about the landlord himself rather the apartments. The landlord does not have a "true" cause to sue the person. If the apartments were moldy or not does not effect the landlord and the person was letting out his frustration so there was no real point in sueing the person.

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  • February 17, 2010 by Kinsey Vega

    I agree with everything Krystal Bokoch said in her script (Meaningless) . The landlord took his actions a little to far. If the appartments were moldy and she wanted to vent out, thats freedom of speech one of the first amendments to every be passed. Now if she was degrading the landlord and his ways of living that would be different. In reality that would be somthing you talk out, not enough evidence to go to the court room.

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• January 14, 2010 by ALTON LATROY BOWEN

  MY COMPLAINT IS THAT I AM BEING ROBBED OF MY TENDER AND MILITIA PAY AND NO ONE WILL DO A DAMN THING ABOUT

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• January 16, 2010 by matthew david evans

  iam a 44 yr old male with heart problems for 4 yrse ive had eight massive coronaries and a defrribulator pacemaker i would like to help other people in my same conditionthat there is hope im living proof there is hope i was verry upset it felt like everything was being taken away from me i just wanted to die but i finally snapped out of it with help of my familly and freinds and my fiance and god life should be happy for the rest of the time we have left i would like to share my experiences with others like my self and see if i can give them some hope and help im free most of the time and would like to help these patience and cheer them up if i can sincerley matthew david evans

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• January 18, 2010 by rosemary sorrentino

  we are still in our own house and are being abused by my son and his wife they have been laying up in our house for a year living off unemployment and food stamps they have not been looking for a job they have no drivers licences the car they have licenced is in the 16 year olds name. its uninsured now that we want them out of our home all hell as broken loose the free ride is over and they are causing us so much grief we have taken to living in our bedroom for the past few months our house is a filthy pig sty (they cleaned a little today because we call the police) about the drug use and the tattoo shop they set up just so you know the type of people who are my SONS good friend is a guy who robbed meijers a couple months ago and was caught also a guy who set a church on fire and stole a ladies purse, then theres the pot dealers who come up in here and the guy with the play station 3 under his arm looking to trade a tattoo for this most likely hot play station , ps we were for the most part told by township police tuff luck , we had to BEG them to come , even with a bench warrent out of barry county michigan for child support we got nothing so much for the bench warrent. that was a joke I guess.. and the drug use and everything we told them when they showed up at our door they were chummy with my son and his wife and looked at me like I was crazy( oh they were so NICE with officer who came .........let me tell you they had someone take the drugs out of the house before they got here....... the officer checked upstairs and said oh it smells like marlboro cigarettes to ARE YOU KIDDING ME I ALMOST FAINTED my 9 year old granddaughter told them where they hid the drugs in the snake cage I don't even think they checked for the drugs. was more concered because I made them come to the house ....they were busy don't ya know with real crimes.... I am living proof of a crime I live this everyday hello is anyone listening ... pig sty dirty dishes everyday.. I have to go to the laundry mat to do my clothes cause I can't get to the washer or dryer because of so much mess... we have to live eat and sleep in our bedroom because of the kitchen is so filthy.. this is our house and we are the prisoners here they have us; trapped like rats

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• February 12, 2010 by Yank DeChain

  If the apartment was "moldy", where's the case? After all, aren't defamation and liable cases about untruthful allegations?

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• February 15, 2010 by MARIACHRISTINA ALICEA

  I AM OFFENNED BY MY VISIT TO YOUR LOCAL FOOD STAMP OFFICE LOCATED ON BERGEN IN BROOKLYN NY . I EXPLAIN TO MR OBADINA THAT THE INFORMATION IS COMPUTER WAS INCORRECT. WHEN I TOLD HIM I HAVE TO GO TO THE OFFICE OF SENATE MONTGOMERY TO CLEAR THE MADE UP HE TOLD ME HE DIDN,T CARE. HE ACTED AS I WAS NAME DROPPING. I HAVE WORK ALL MY LIFE AND WAS IN A SERIOUS ACCIDENT THAT HAS MADE ME DISABLE NYCHA HAS COMBINE MY INCOME WITH THE INCOME OF MY NEPHEW ANTHONY CARDONA WHO IS AUSTIC AND HAS BE IN A FACILITY SEEN THA 1989. I HAD ALL THE PAPER WITH ME AND HE REFUSED TO LOOK AT THEM. I HAVE GONE THOUGH THE ADMINSTRATIVE OFFICE OF NYCHA TO BE MET WITH THE SAME ATTITUDE. I HAVE BEEN DEALING WITH THIS MATTER SINCE 11/2007. I WOULD GLAD FAX ALL INFORMATION I HAVE GIVEN TO THE SENATE

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• February 17, 2010 by Rusty Shackelfurd

  Once again someone isnt mature enough to be responisble about the actions they make. If the landlord irritates you that much bring the matter up with them not a bloging websited were you creat a bad vibe about that person. Take a minute and think how you would feel and if someone was saying harmfull things about you and your business?

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• February 17, 2010 by Carter Johnson

  If you cant handle a simple comment off of Twitter then you have problems. So what if a person says you have a moldy apartment at your apartment complexes. Get it fixed that way you don't have to worry about a death in one of your apartment complexes. Atleast you know now that mold is in there. it might not have been the way you wanted to hear bout that way but atleast you did.

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• February 23, 2010 by kimberly J Kuester

  I saw the coments on Landlord who thinks he can sue? I can tell you In the small town I live in fails to follow what the law states on theft of property, only saw you can file with small claims. I was legally advised to file a complaint to police so I have records of the theft, officer stated it has nothing to do with them its a civil claim. I rented a building with a Salon in it. In the previous case I saw the landlord claims he can sue, okay what about my Landlord who called my family, my friends and discussed me and rental issues in front of clients to another business owner and her clients about my personal business and claims of money owed and discussed tenants business. What action do I deserve against him. I was told it was okay to leave my stuff in the building no problem, due to my dad got sick with mesothiloma and was going to die. Rex said no problem unless I sell the building. I told him to let me know when to get things out. Rex stalked my brother at work told him I refused to get my stuff out he didn't know what happened. Rex left poster notes on my door about money rent and all the traffic and clients saw notes. I then was sent he was locking the doors so I could not get my personal and business equipment out. I called him and told him he can't lock me out he said to bad I did. My rent alway changed both agreed 250. was fulltime rent. I purchased salon chair cabinets and shampo bowl and wet station for 250 paid in full. The airconditioner broke I bought my own. I had all personal files taxes personal records childrens school reports family photo's TV table three new glass shelfs with products my License, and tax permit, Salon License state tax forms. a cashregister new I got storage shelf office desk chair all new blind vacumn pictures DVD Radio My daughter and tapes personal client informaiton. I was sent a letter I had to notify him by the 15 of August 2009 to let him know the date I would get my stuff. I called him mad arrangement to pick up personal items. I called again he refused and said to late I took it all to the local dumb I said how could you he said you owed me $50.00 I said wheres my deposit? Its mine he said. I went to the local dumb I knew the guy he knew Rex he stated on record and would testify Rex never brought any furniture hear. This landlord took over 2600.00 of personal items records and salon equipment i purshased from him. I later went to the business and found out he sold all my items and I unlocked front door and removed my air conditioner and blinds everything else was gone. I received a knock on my door the Chief of police asking me if I stold his air conditioner and Rex claimed I stold his airconditioner, I told the officer yes I have a receit and key you need to file a theift report on all my personal and proffesional things he stold this was all with out any court order only by how he does this to all tenants yet who wants to help me out with this county hear knows everyone all here is fair games officers want no problems with anyone not there business. So hows that for a Landlord he personal defamed my reputation and discusses his past tenant who paid what and how he does rent to mexicans there to much trouble and tells people. Then he had the courage to ask me If I think he is a bad guy you problable wouldn't rent from me again would you wow. Oh never received and deposit information what he did with the money he mad and deposit all for $50.00 seriously. Can anyone Lawyer law student who wants to make this case to the papers news to let others know this violates every law. yet my town is one who has there own rules, with everything he even rufused to fix the suer when it backed up told me and the other business in there he doesn;t have to fix it we had to run all new plumbing and pay are you kidding yet he does this on all his properties and gets buy with it he's above the law. We have one law firm who represent the home buyers the bank all sales and purshases yet is hired by the bank in our town he claims he can represent all interest really with out and disclosure.

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