Frances Miller Campbell’s Answers

Frances Miller Campbell

Sherman Oaks Landlord / Tenant Lawyer.

Contributor Level 15
  1. Renter’s rights if property under Los Angeles Rent Stabilization is sold at auction.

    Answered almost 4 years ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    2 lawyer answers

    The sale of the property, at auction or otherwise, does not change your rights. If you are in a rent-controlled unit, you may only be evicted for cause, for one of 13 reasons. One of those legal reasons is if the owner wants to move in. HOWEVER, If the new owner wants to move in, he has to hold the property in his own name (and not in an LLC or other business form), and he must own at least 25% of the property. The new owner will not be able to evict you for owner-move-in if there is...

    1 lawyer agreed with this answer

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  2. Renters rights for pest control

    Answered almost 6 years ago.

    1. Frances Miller Campbell
    2. Frank S Hong
    2 lawyer answers

    Dear Tenant, I am licensed in California. Please note that only licensed attorneys can give you legal advise in the state of California. For an unlicensed person to give legal advice in California is a crime, and I believe that applies equally to website postings. First of all, I see that you are in Los Angeles. You should call the Los Angeles Housing Department (866) 557-RENT and ask for a Code Enforcement Inspection. You should do the same with the Los Angeles County Environmental...

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  3. Should the police have refused to address a landlord lockout? They claimed it was a civil issue.

    Answered 10 months ago.

    1. Frances Miller Campbell
    2. Brad S Kane
    3. Matthew Alan Rives
    4. Christine C McCall
    4 lawyer answers

    The police are technically right--it is a civil issue--but they should have informed the landlord that he could not change the locks and lock you out. Police training materials have a whole section on landlord-tenant issues, because they are called out on these so often. They definitely should have allowed you to file a report. Also, you could have simply employed a locksmith to let you back into your unit. Nothing wrong with that because you had the legal right to possession. The...

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  4. CA landlord tenant law, can tenant be evicted for being a nuisance

    Answered almost 6 years ago.

    1. Frances Miller Campbell
    1 lawyer answer

    Wow. That's a really broad question, but I'll try to answer it, first in the lawyerly way, and then in the normal-person way. A "nuisance" is, by definition, "Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property ...." Civil Code section 3479. A landlord can evict you for "...

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  5. Evidence question

    Answered over 2 years ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    3. Catherine Elizabeth Bennett
    3 lawyer answers

    The NOVs have to be certified if you want to introduce them "for the truth of the matter" at trial. For example, if the NOVs are certified, you can introduce them to prove there was a broken window ONLY IF they are certified. Why do they tell you you have no evidence? Well, probably because they are lawyers and you're not, and they are trying to psych you out. Lawyers say that to me all the time--it's bluster. If you REALLY had no evidence, it's unlikely that they would mention it to you....

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  6. I just moved into this duplex and I have major issues with the place. One of the rooms has such a strong odor that its uninhabit

    Answered over 1 year ago.

    1. Frances Miller Campbell
    2. Celia R Reed
    2 lawyer answers

    Dear Tenant, every lease in California contains an implied warranty of habitability--that means, the landlord, simply by renting to you, guarantees that the unit is habitable. If the unit is NOT habitable, then the landlord has broken the lease and you have no more obligation under the lease to pay or remain in the premises. The unit is unsafe. You should take pictures, document the problems in a letter to the landlord, and tell the landlord you are moving out. You should also call the...

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  7. Another evidence question

    Answered over 2 years ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Wow, tenant--you really need a lawyer for this lawsuit. The Court can take "Judicial Notice" of the former eviction--that means the Court can look at its own files to see that the eviction was filed, or what happened in the eviction action. Watch those notices of violations--they are NOT admissible unless they are certified (or unless the landlord admits he received them).

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  8. Can landlord kick me out?? within what time?

    Answered about 1 year ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    2 lawyer answers

    In this case, no. Write a letter back to the landlord, that says, "I never sent you a notice to vacate. I will not be vacating." Keep a copy and send it by certified AND regular mail, in case the landlord decides not to pick up his certified mail.

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  9. Must a commercial property REALTOR disclose that the property is in foreclosure?

    Answered almost 2 years ago.

    1. Frances Miller Campbell
    2. Paul J Molinaro
    3. Michael Ryan Juarez
    3 lawyer answers

    The fact that the landlord was losing possession and could not perform under the commercial lease is definitely a material fact that should have been disclosed by the realtor. I would say she is on the hook for your damages. You might want to report this to the Department of Real Estate.

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  10. Evidence questn

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Frances Miller Campbell
    3. Michael Charles Doland
    4. Melissa F. Mack
    4 lawyer answers

    Yes, the letters are evidence of what you told the landlord, and evidence that the landlord received the communications.

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    1 person marked this answer as helpful