Legal Question in Civil Litigation in California
Internet Libel: What recourse do I have?
I have a property that I rented out, my old home in fact. My past tenant is not satisfied with the itemized deductions to his security deposit and is constantly posting online ads that state my name and the property address clearly calling me a ''crook''. This is the main site for renting out my house and it is being viewed by all prospective tenants. Do I have any recourse? As soon as I have the site delete his post he just posts again. Thanks for any help!
3 Answers from Attorneys
Re: Internet Libel: What recourse do I have?
You could sue your former tenant for defamation. That would likely stop him in his tracks. However, depending on the exact statements he made, he may have a defense of privilege. Or, if he is saying things of opinion, that may be a defense too. I would need to review the exact postings by your former tenant to give you a more concrete response. Did you save the postings, or print them out?
You don't want to rush to the courtroom in this situation without a lawyer reviewing the postings. After you sue, if you don't have good grounds, you could face a SLAPP motion by your former tenant seeking to dismiss your case, in which the tenant could recover his attorney's fees upon prevailing.
Re: Internet Libel: What recourse do I have?
Well, you may have a lawsuit against him for the defamatory statements, but could you collect anything from him? Also, you might have an action against the internet site for publishing his comments. That one is a bit tougher, but might give you some leverage to have him permanently banned from the website.
I think that is probably closest to what you are trying to accomplish. Good luck.
Re: Internet Libel: What recourse do I have?
In addition to what Mr. Magwood suggests, you might first have an attorney send a strong CEASE AND DESIST (note the shouting) letter to your former tenant threatening legal action. Once you have a lawyer do it, the tenant will know you're serious about it. By the way, it would be helpful if you retained the former tenant's rental application to know where the tenant works and the location of his bank accounts, so that you might collect a judgment.