Q: Is it legal for a landlord to reply to a bad review from a tenant online by listing out all of the months of rent that
the tenant owes? “We have been trying to collect from Sierra since May due to her paying late on her rent. She has been accruing late fees and has been posted several times. We sent emails concerning past due account: 4/16, 5/5, 5/13, 5/17, 5/19, 5/21, 6/3, 7/8, 7/12, 7/21, 7/28. We have posted on 5/10 and 7/14. She has not reached out to the accounting department to work out payment arrangements. She called yesterday asking to write off all late fees, I told her that I could write off half of late fees but would need to check with my CFO for approval.”
A:
You need to check with an attorney.
In short, anytime you post any type of factual comment you need to be aware that you could be subject to a defamation suit.
In addition, you need to walk through the late fee issue. During COVID a few significant bills passed regarding late fees in Colorado. For example, you cannot charge a late fee twice for the same late payment, you are capped on the amount you can charge, you are no longer allowed to call late fees rent, and so on. It was a fairly extensive change. If you are using a lease that was drafted more than a year ago there is a good chance you may not be in compliance with the new laws. Hence the need to talk to an attorney.
I don't mean to scare landlords in Colorado but the new wave of COVID laws may require everyone to put in some footwork to ensure they are keeping up.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
