Aside from evicting her, can I file a law suit against her brother?
Yes, it is possible. However, an attorney would need to know more facts about the tenancy, the rental application, the representations and misrepresentations made, the length of the tenancy and deliquency, and the collectability of a judgment against the brother before being able to ascertain whether you have a viable case against the brother.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Lawsuit / Dispute Attorney
Fraud (Intentional Misrepresentation) is a possible cause of action. In order to prove your case, you must show:
1. That defendant represented to the plaintiff that an important fact was true;
2. That defendant’s representation was false;
3. That the defendant knew that the representation was false when [he/she] made it, or that [he/she] made the representation recklessly and without regard for its truth;
4. That the defendant intended that plaintiff rely on the representation;
5. That the plaintiff reasonably relied on the defendant’s representation;
6. That the plaintiff was harmed; and
7. That the plaintiff’s reliance on the defendant’s representation was a substantial factor in causing his/her harm.
Consult with an attorney to review the facts of your case to make a determination if a suit can be filed.