Your landlord is terrible. You want to warn people. Here's how to do it WITHOUT catching a defamation lawsuit.
The legal framework:
- Truth is an absolute defense to defamation in Texas. If it happened and you can prove it, you can say it. Period. Source: Texas Civil Practice & Remedies Code 73.005.
- Opinion is protected. "This apartment complex is terrible" is opinion and legally protected under the 1st Amendment. "The manager stole my deposit" is a factual claim that must be true.
- Texas has a strong anti-SLAPP statute (Texas Civil Practice & Remedies Code Chapter 27, the "Texas Citizens Participation Act"). If a landlord sues you for truthful public speech about a public concern, you can file a motion to dismiss and recover attorney's fees.
How to build your case BEFORE posting:
- Document everything in writing. Emails, texts, certified letters. If it's not in writing, it didn't happen.
- Photograph/video condition issues. Dated, timestamped.
- Keep copies of all communication. Screenshots, email exports.
- File formal complaints first:
- City code compliance (habitability issues)
- Texas AG Consumer Protection (lease violations)
- BBB (business complaint record)
- Check court records. Dallas County (dallascounty.org) and Tarrant County (tarrantcounty.com) civil case searches. Prior lawsuits against the property establish a pattern.
When posting your callout:
- State facts, not accusations. "I submitted 3 maintenance requests in writing over 60 days and none were completed" vs. "They don't care about tenants."
- Attach evidence: photos, screenshots of emails, copies of complaints filed
- Don't exaggerate. The truth is powerful enough.
RECEIPTS REQUIRED: This is non-negotiable. Every landlord callout must include documentation. Screenshots of communication, photos of conditions, copies of filed complaints. No evidence = post gets ignored.
Sources:
- Texas Civil Practice & Remedies Code 73.005 (truth defense)
- Texas Civil Practice & Remedies Code Chapter 27 (TCPA / anti-SLAPP)
- Texas Property Code Chapters 91-92 (landlord-tenant law)
- Dallas County / Tarrant County civil case search
Document first. Post second. Always in that order.
Am I wrong here?