Frances Miller Campbellā€™s Answers

Frances Miller Campbell

Sherman Oaks Landlord / Tenant Lawyer.

Contributor Level 15
  1. At what point during a foreclosure does the owner lose "standing" to file an unlawful detainer against their tenant?

    Answered over 1 year ago.

    1. Frances Miller Campbell
    2. James Louis Miller
    3. Steven Navaro
    3 lawyer answers

    Once the landlord lost title to the property, the landlord lost standing to recover possession of the property. Remember, the unlawful detainer action is all about who is entitled to possession of the rental unit. If title transferred on October 19, that's when your former landlord lost standing to sue you in unlawful detainer. Under these facts, you should win your case, but you are going to have to bring into a court a CERTIFIED copy of the most recent deed showing the landlord is no longer...

    4 lawyers agreed with this answer

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  2. How much can I sue a landlord in CA Small Claims court for under these circumstances?

    Answered over 1 year ago.

    1. Frances Miller Campbell
    1 lawyer answer

    If you can prove the landlord acted "in bad faith," then you should try to obtain triple the entire deposit. Realistically, though, I do not think that most Judges will award more than the amount of money that was wrongfully withheld. Hiring a company to file the paperwork probably is not recoverable. If your lease had an attorney's fees provision ,if you can prove you consulted with an attorney to help you prepare the lawsuit, then that money would also be recoverable.

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  3. If someone posts a nude picture of you on the internet without your permission is that illegal?

    Answered over 5 years ago.

    1. Frances Miller Campbell
    2. David C. Garner
    3 lawyer answers

    I certainly disagree with the last poster. I would argue that the publication of those photos IS illegal, and that your guy-friend has committed the tort of invasion of privacy via publication of private facts. Here's how the Supreme Court describes the tort (civil wrong): Applying existing California tort law, the plurality opinion holds that to establish a cause of action for invasion of privacy by publication of private facts the plaintiff must show that a private fact was publicly...

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  4. CA landlord tenant law, tenant's rights when landlord raised rent due to tenant's family visiting for a month

    Answered over 5 years ago.

    1. Frances Miller Campbell
    2. David Carl Beyersdorf
    3. John M. Kaman
    3 lawyer answers

    Dear Tenant, The other lawyers are correct, expect that if your landlord wants to raise your rent 10% or more, he has to give you 60 days written notice of the increase. If he is raising the rent less than 10%, he has to give 30 days written notice. There is no provision in the law in California that triggers an automatic rent increase because someone comes to visit you.

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  5. Tenant Illegally Locked Out By Landlord

    Answered over 1 year ago.

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

    Call the police. Tell them the situation. While they probably won't put you back in possession, they will likely accompany you to the house and talk to the landlord about (1) the law that he can't lock you out [this is called a 'self-help' eviction], or, at least (2) force the landlord to let you in so you can obtain your possessions. Locking someone out like this is a civil tort for which you can be compensated. I would suggest that you sue the landlord in small claims court (after you...

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  6. As an adult child living with my parents, can they lock me out of the house?

    Answered over 3 years ago.

    1. Frances Miller Campbell
    2. Teri A. Walter
    2 lawyer answers

    Nope. You cannot be locked out of your residence. That's a self-help eviction, and you could sue anyone who did that to you under Civil Code section 789.3 for $100 per day. Contrary to what the Texas lawyer told you, there is no legal tenancy status called "guest." You are a tenant at will, and as such you have the right to a 30 or 60 day notice before being evicted.

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  7. Does my landlord have the right to not renew my lease for finding drug paraphernalia in my apartment? (I have my medical card)

    Answered 6 months ago.

    1. Frances Miller Campbell
    2. Nicholas Basil Spirtos
    2 lawyer answers

    Here is the problem: You are in a non-rent-controlled jurisdiction, where a landlord can evict you for any reason, so long as that reason is legal. Now, it is illegal to evict a tenant because the tenant is claiming that the landlord's agents broke things (retaliation--Civil Code section 1942.5(c)), and it is illegal to evict a tenant because that tenant is a medical marijuana user (disability discrimination under the Unruh Act and the Fair Employment and Housing Act). HOWEVER, those are just...

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  8. My "friend" routinely stores a framed pix@ my house for zero $$. I told her no. Now she wants it. Do I have to give it to her?

    Answered 11 months ago.

    1. Frances Miller Campbell
    1 lawyer answer

    You need to return her "framed pix." I don't know what that is, but it is hers. Once she takes it away, do not allow her to bring it back.

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  9. California Laws - regarding allowing real estate agents to show the property?

    Answered 11 months ago.

    1. Frances Miller Campbell
    2. Joshua Michael Bonnici
    2 lawyer answers

    Your landlord must give you 24 hours' written notice before showing the property to prospective purchasers. Although it is not expressly written in the law, the amount of times that the landlord can show the property must be reasonable, and only during business hours. All security deposits are refundable. The lease cannot impose an illegal term, so your security deposit is refundable also. Late fees are prohibited in residential leases, unless they reflect the actual cost to the...

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  10. On a single family home rental who is responsible to clean the gutters? The weeds in the gutter are foot long.

    Answered 12 months ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Your tenant is (mostly) right. If you refuse to clean the gutters on your house (and it is your responsibility), and your tenant goes up on the roof to do it, you WILL be responsible if the tenant falls off the roof and breaks his neck. You're not automatically responsible for any injury of the tenant, just the injuries you cause (and you can cause an injury by your failure to maintain the premises). If I were you, I'd hire someone to maintain the house.

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