Can my Texas landlord kick me out for leaving a bad review online? What the law says
Many people use customer reviews to make big decisions. Like whether or not to buy a product, visit a business, and where to live.
But what about where you already live? One Texan left a bad review on his current apartment that he alleged almost ended in eviction.
“The landlord came and visited my girlfriend. She said, “Since you’re so unhappy, you have until September 2nd to find a new place.”’ My girlfriend freaked out,” a Reddit user posted.
“She made my girlfriend go and write another review to make up for the (deservedly) bad review. She agreed not to evict us. Now I feel like this is not only unethical but illegal, and I am wondering if I would have any legal recourse?“
Can a landlord terminate your lease for bad reviews?
It begs the question, can a landlord legally terminate a lease if you share negative feedback? According to Farwah Raza, a supervising attorney at Legal Aid of Northwest Texas, no.
“You would essentially argue that this is a right that I have through the First Amendment. The First Amendment protects free speech, and the state of Texas protects my right to be able to share my opinions as well in these forms,” Raza said. “That landlord’s reaction to the person exercising their right is a form of retaliation. If you exercise a right you have in good faith against a landlord, they can’t threaten you.”
The Texas Law Library backs up Raza’s legal insight, warning against unlawful landlord retaliation.
Under Section 92.331 of the Texas Property Code, a landlord is not permitted to retaliate against a tenant under subsection (b) if the tenant:
- Exercises or attempts to exercise in good faith any rights or remedies granted to the tenant by lease, municipal ordinance, federal or state statute;
- Gives a notice to repair or exercise a remedy
- Complains to a public utility, a governmental body responsible for enforcing building or housing codes, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and (B) believes in good faith that the complaint is valid and that the violation or problem occurred.
- Establishes, attempts to establish, or participates in a tenant organization.
This legislation prohibits a landlord from taking revenge by:
- Filing for eviction (except from specific situations specified in Section 92.332, such as when a tenant intentionally damages the property, is overdue on rent, or continues to occupy the property after their lease has expired);
- Rent increases or lease terminations;
- Removing the tenant’s ability to utilize the property;
- Cutting back on services;
- Engaging, in bad faith, in a course of conduct that materially interferes with the tenant’s rights under the tenant’s lease.”
What Texas tenants can do if they are retaliated against
The code continues by outlining the remedies a tenant can seek in court if they are retaliated against. Remedies include a civil penalty of one month’s rent plus $500, actual damages, court costs, and any reasonable attorney fees.
Raza said tenants should also be sure to keep evidence of any form of retaliation.
“I would make sure that if there is anything that the landlord does in response, you follow up with an email to the management company describing what the landlord said or did so that you have as much data as you can,” he said.
In addition to online reviews, Raza recommends making a formal complaint with the city.
“It’s always a good idea to find ways where you can make complaints on balanced forms,” he said. “A lot of cities have places where you can go and file a complaint if you think that it’s a habitability issue.”
Raza said a complaint with the city would help the tenant prove the situation’s legitimacy. Overall, she said writing a review protected federal and state law.
