Legal Question in Real Estate Law in California

Eviction based on false information?

I leased a property (eff. Jan. 1, 2008). On the rental application �tenant� stated that he was vacating prior property because the owner was selling the house. He provided a reference, which was stated to be the owner/mngr of that property. Upon speaking to the reference, the individual stated that she was the daughter of the owner of the property and she provided a glowing reference. I relied upon the information provide on the rental application and on the information provided by the individual reference to lease my property to �tenant�. I have now definitively learned that the �tenant� actually vacated the prior property because an unlawful detainer action was filed versus because the owner was selling the property and restitution was awarded to the owner, In fact, the owner is not selling the property. AND, I learned that the individual who provided the glowing reference, the purported owner/mngr, is actually �tenant�s� son�s wife. Can I void the lease based upon false and fraudulent information on the rental application?


Asked on 1/10/08, 9:17 pm

2 Answers from Attorneys
Daniel Harrison Berger Harrison, APC

Re: Eviction based on false information?

You may have sufficient grounds for rescission of the lease. However, you should consider some practical problems. The first is that you will likely have to sue for rescission and unlawful detainer to remove the tenant. My recommendation is, if the tenant is timely paying rent and not causing damage to the property, to simply allow the tenant to remain and terminate the lease at the end of the term (assuming it's only one year).

Read more
Answered on 1/12/08, 10:56 am
Daniel Harrison Berger Harrison, APC

Re: Eviction based on false information?

You may have sufficient grounds for rescission of the lease. However, you should consider some practical problems. The first is that you will likely have to sue for rescission and unlawful detainer to remove the tenant. If the tenant is timely paying rent and not causing damage to the property, you should consider simply allowing the tenant to remain and terminate the lease at the end of the term (assuming it's only one year).

Read more
Answered on 1/12/08, 10:57 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California