Can I force someone to remove published emails that I sent?

Privacy Law 4 views 4 answers
I own a commercial property - tenant defaulted a year early. We exchanged emails 3 months. I pursued him for my $$. He was never argumentative. I took a few jabs out of frustration. In one email, I told him I didn't care about his life situation. I was only interested in his money. He just started a blog and invited a bunch of facebook friends there to read our exchange. It was all about forgiveness and what a difficult time he had forgiving his last landlord and he named me. He published the emails with the names on there, blocking out only my email address. We seemingly know many of the same people in the community. I'm a realtor - don't want people reading all of these emails that put me in a bad light, even though I wrote the emails. Can I make him remove these if I get a lawyer?

Attorney Answers

4
Rixon Rafter ·
General rule of thumb: Once you sent the emails they were released in to the wider Internet domain and unless there is some kind of legally privileged relationship (doctor-patient, lawyer-client) the tenant is free to do whatever he or she wants with the communication--including your address and phone number. All your communications should pass the "what if everyone reads this" test. That said, I am not a MO attorney and I do not know MO law, but it couldn't hurt to discuss the matter with a MO attorney (many of whom offer free consultations). Sometimes a cease and desist letter can do wonders--of course, the receiver of that letter could simply post that too.........all depends on the character of the receiver.
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Nathan Sturycz ·
I agree with the others that have posted responses, but one other idea for you -- did your lease with this tenant have a confidentiality or "non-disparagement" clause (not common in a commercial lease, but I have seen at least one)? If so, these clauses may be helpful and you may choose to consult an attorney about ways to use these to achieve your goals.
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