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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102381
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am suspecting that my tenant in California alters and/or

Customer Question

I am suspecting that my tenant in California alters and/or "doctor" his bank statements to show me he has money to pay rents.. Can I pursue him for that besides evicting them?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: My tenant is in breach of contract. He owes me per the contract to pay me the nextv6 months in advance for rents starting May 1st to October 31st and he already paid the first 6 months
JA: Is there anything else important you think the Lawyer should know?
Customer: At first He claimed that he had problems getting his money from the U.K from which he is from and now he says in a day or two everything should be fine but refuses my proposition to go with him to his banks to verify that he has the funds now but instead send me online bank starements which I think are bogus
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. If you feel that this is true, then technically you can pursue him for fraud. The necessary elements of fraud are: (1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance; and (5) resulting damage. (Seeger v. Odell (1941) 18 Cal.2d 409, 414 [115 P.2d 977, 136 A.L.R. 1291]). However, there is the "catch." Lawsuits are meant for actual and punitive damages. If you get a judgment for the actual damages he owes you as part of the eviction, then there is really no reason to pursue him for fraud (small claims court does not award punitive damages, anyhow). However if you do not get a judgment for the amount he owes as part of an eviction, you can pursue him for a separate case of breach of contract. If so, you can add fraud to it as a secondary action (same suit). But in the end, the Court will likely award only what the contract breach was - I doubt that the fraud action itself will bring any additional benefit. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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