Online review of landlord ruled potentially libellous

Photo: Yelp

Andreas Papaliolios, who lived in the high-end Bently Hob Hill flats, wrote a review of the building’s owners on Yelp. The owners are “well-known socialites” Christopher Bently and his late wife Amber Marie Bently, reports AOL Real Estate. After Andrew referred to the building as being owned by a “sociopathic narcissist who celebrates making the lives of tenants hell”, the Bentlys took him to court.

Bently wrote: "Of the 16 mostly-long-term tenants who lived in the building when the new owners moved in, the new owners' noise, intrusions and other abhorrent behaviors likely contributed to the death of three tenants (Pat, Mary & John) and the departure of eight more (units 1001, 902, 802, 801, 702, 701, 602, 502) in very short order."

The couple responded with proof that Mary and John were still alive  and that neither of the two had been diagnosed with sociopathic or narcissistic disorders.

Papaliolios defended his comments as “substantially true”, arguing that an online forum is a place for “strongly worded opinions” and not “objective facts”. The California Court of Appeal's First Appellate District disagreed.

"While many Internet critiques are nothing more than ranting opinions that cannot be taken seriously, Internet commentary does not ipso facto get a free pass under defamation law," Justice Kathleen Banke wrote, reports Courthouse News.

As the property industry becomes an increasingly web-based network of portals and social media campaigns, the weight of words online – and their potential legal repercussions – are more important for sellers, agents, developers and marketers to consider than ever.