Frances Miller Campbellā€™s Answers

Frances Miller Campbell

Sherman Oaks Landlord / Tenant Lawyer.

Contributor Level 15
  1. 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 about 1 year 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.

    4 lawyers agreed with this answer

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

    Answered about 1 year 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...

    4 lawyers agreed with this answer

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

    Answered over 1 year 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.

    4 lawyers agreed with this answer

  4. Landlord tenant Small Claims witness testimony. If witness need to be paid for their time to testify, is this legal?

    Answered about 2 years ago.

    1. Adam Jay Jaffe
    2. Frances Miller Campbell
    2 lawyer answers

    Expert witnesses are paid to testify all the time. There is nothing wrong with this. You need an expert--you need to pay.

    4 lawyers agreed with this answer

  5. Can this witness testify at trial after refusing to be deposed?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Frances Miller Campbell
    3. James Michael Slominski
    3 lawyer answers

    No. If a witness "refuses to be deposed," your remedy is to bring a motion to compel him to testify by court order. You can't exclude him as a witness at trial.

    4 lawyers agreed with this answer

  6. Does an illegally & forcibly evicted subtenant have legal standing to appear at UD trial?

    Answered 10 months ago.

    1. Frances Miller Campbell
    2. Shaye Larkin
    2 lawyer answers

    Sorry, but once you move out voluntarily*, you lose the right to receive relocation benefits. *Voluntarily here does not mean you wanted to move out--it means you surrendered possession of the premises, for any reason. You cannot seek conversion of the UD action to a civil action because you are not a party to the UD action. You can file your own action against the landlord for assault and battery and for forcing you out to avoid paying relocation benefits. You will need an attorney for...

    Selected as best answer

  7. Evidence question - about implied warranty of habitability and covenant of quiet enjoyment.

    Answered over 2 years ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    3. James Michael Slominski
    3 lawyer answers

    I am going to assume you're asking about an unlawful detainer action--you don't say what kind of case it is. The certified notice is evidence of the breach of warranty of habitability. Moreover, if the landlord hasn't complied with the notice within 35 days of the violation, the landlord cannot bring a lawsuit for unlawful detainer under Civil Code section 1942.4. That would be the strongest defense, because if the landlord is in violation he can't accept rent legally. The breach of the...

    Selected as best answer

  8. Apartment building sold at foreclosure this morning. Ex-landlord is demanding access to tenants' units later this week.

    Answered over 2 years ago.

    1. Frances Miller Campbell
    2. Alfred M. Freitas
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Your landlord doesn't own the building and has no more right to enter your apartment than does a perfect stranger. If he tries to enter your apartment, call the police. You might also want to change the locks.

    Selected as best answer

  9. Tenant rights; late fees etc.

    Answered almost 3 years ago.

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

    Late fees in rental agreements are absolutely illegal unless (1) they reflect the ACTUAL damage to a landlord arising from the late payment (like less than $1.00), AND (2) the landlord and the tenant have actually negotiated this rate. It is illegal for a landlord to collect rent IF the government has ordered that landlord to make repairs, 35 days have passed and the repair has not been made, the problem was not caused by the tenant and the delay in repair is without good cause. I'm not...

    Selected as best answer

  10. New landlord evicting all tenants w/ 60-day notice & refusing to refund security deposit for 21 days after tenant's gone...

    Answered over 3 years ago.

    1. Frances Miller Campbell
    2. Douglas Whitney Weitzman
    2 lawyer answers

    Dear tenant, If you can get at least ten tenants who want to band together and sue, it should not be difficult to find an attorney to represent you in this case. Because you are in Los Angeles, you should also call the Los Angeles Housing Department at 866-557-RENT and ask to speak to an investigator about the problems associated with the renovation. If the renovation is extensive, the landlord may be required to file a tenant habitability plan with the City and relocate the tenants....

    Selected as best answer