Is a Landlord Obligated to Provide a Written Reference Letter?

Full question:

Is there any obligation for the landlord to provide a written reference letter when there is a concern that verbal references will be malicious? Can a request for a written reference be requested in writing by an attorney on behalf of a renter?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Florida

Answer:

Generally, a reference letter is a matter of voluntary choice by the writer. If your lease terms don't promise such a letter, it will be a matter of choice for the landlord. Any communication by an attorney may risk causing further hostility and less inclination to write a favorable reference.

Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. Defamation is primarily covered under state law, but is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion.

Slander is verbal communication meeting these conditions:

1. a defamatory statement;
2. published to third parties;
3. which the speaker or publisher knew or should have known was false; and
4. that caused the plaintiff injury as a result of the statement

Defamation is a difficult wrong to prove, as there are various factors that are to be taken into consideration. The court must evaluate the defendant’s investigation, or lack there of, concerning the accuracy of the statement. How thoroughly the investigation was handled will reflect upon the nature and interest of the person who communicated the statement. Generally, defamation damages will not be awarded if the defendant had an honest but yet mistaken belief in the truth of the statement. The amount of damages that can be awarded is a matter of subjective determination for the court, based on all the facts and circumstances in each case.