Legal Question in Real Estate Law in California

Re: Slander of Apartment Complex by Tenant

Slander is still a viable cause of action, although somewhat disfavored in this postmodern world that emphasizes free speech. Slander against businesses and property ('slander of title') suits seem to be even more disfavored.

Nevertheless, if you have evidence showing that (1) defamatory statements were made by identified defendants, (2) the statements are untrue, and (3) you have suffered quantifiable monetary harm as a result, then a suit may be worth considering.

Special thought needs to be given to who the injured party is. If the defamation is of the apartment business, and it is the one that suffered the harm, it is the 'real party in interest' and the suit should be brought in its name.

When you discuss this with a local attorney, which I think you should, be sure to discuss the possibility of getting a temporary restraining order and an injunction.

In addition to courts not being particularly excited about slander claims, you have the problem that the prospective defendants may be a hydra-headed monster -- difficult to identify and capable of rapid reproduction.

In considering your options, you should not overlook whether diplomacy should be part of the package.

Re: Slander of Apartment Complex by Tenant

I would recommend having an attorney write a cease and desist letter to the tenants threatening to sue them for libel (i.e. writing knowingly false statements and then publishing them on the web). I would then deliver the letter to each tenant. If this doesn't work, you can sue them for libel.

Depending on the nature of the website, it might also be possible to shut down the entire website.