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Frances Miller Campbell

Frances Campbell’s Answers

1,060 total


  • Disabled senior tenant

    I am being discriminated against by illegal landlord. Plumbing not fixed since 8\14. Withheld May rent, reported to Code Enforcement, got 3, 3 day notices. I need to speak with, hire tenant-friendly attorney, please! Thanx.

    Frances’s Answer

    This doesn't sound like discrimination to me--this sounds like a lazy landlord who wants to collect rent but not spend money to maintain his property. It sounds like you are about to become a party to an eviction lawsuit, and that you will have defenses, but you will need an attorney to correctly litigate these defenses.

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  • Do I need a Landlord tenant attorney?

    I need to know if there is any legal action I can pursue Against the manager or the management company hired to take care of the building. I had forgotten my wallet on the city bus which included a money order for that months rent. I told the mana...

    Frances’s Answer

    Yes. You need a landlord-tenant attorney. Whether or not you paid your rent, or should have paid your rent (you should have), there are MANY defenses to an action for unlawful detainer, especially if you are in a rent-controlled unit. Do not go it alone. An attorney who is skilled in this area can win your case, or negotiate a favorable resolution that you alone could never negotiate.

    Representing yourself is a terrible idea. There was a study done in 2002 or thereabouts that found that 99% of all tenants representing themselves in unlawful detainer actions lost their cases. Hire an attorney right away.

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  • My landlord hired a process server to serve me a 3 day demanding I vacate the property in 24hrs or a Sheriff will come arrest me

    I lived in this single family home for over two years and the very first notice I ever received was this 3 day notice threatening to arrest me if I dont give up possession in 24hrs! I was sleeping when I woke up to the sound of my bedroom window b...

    Frances’s Answer

    The notice is invalid, and the Sheriff won't arrest you on the landlord's say-so.

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  • Can I sue my landlord she came with her daughter and boyfriend entered my home and assaulted me.I called the police .

    She rented us this house after she got a loan from the city that she didn't have to pay back as long as this was her primary residence . I did not know this at that time. The city found out now she wants us out immediately. My credit is bad and I'...

    Frances’s Answer

    No matter what the circumstances, you can sue someone for trying to push his or her way into your house while wielding a knife. That's a crime.

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  • I am on disability. I live in a trailer park. The managers here have ordered all the tenants to clean. I am unable.

    The current manager and I have had altercations on numerous times because in July 2014 I had to call the police a dozen times on a Schizophrenia transvestite nudist hoarder that I recorded on camera vandalizing my RV, stalking, death threats, whic...

    Frances’s Answer

    If you are disabled, the landlord has to reasonably accommodate your disability by altering their rules to allow you the same opportunity as an able-bodied person to enjoy the premises. I suggest that you write a letter to the landlord, and send it in a way where you have a record of delivery, telling the landlord that you are too ill and disabled at present to comply with their notice by 4/17. Let the landlord know when you will be able to comply in the letter. That should take care of it.

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  • What is the Statue of Limitations on Landlord Retaliation and/or bad faith, and breach of contract?

    I rent the space for my mobile home. My landlord has raised my rent before the notice said it would be raised. I have lived here two years and had taken him to court and won in Sept 2014. After I won he tore up the yard and left it an unsafe mess....

    Frances’s Answer

    The time limit to file an action for retaliatory eviction or threat of eviction is 3 years; the time limit for filing an action based on breach of written contract is four years (oral contract-two years). I don't know what you mean by "bad faith," so I can't answer that one.

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  • I have lived in a house for over 10 plus years now the owner wants me to sign a lease is that legal?

    I have made several request thru out the years for repairs and they have only redone a restroom and a roof. I believe the owner will raise the rent due to repairing the roof.

    Frances’s Answer

    It is completely and totally legal for the landlord to ask you to sign a lease. Also, because the place where you live is not rent-stablized, it is completely and totally legal for the landlord to raise the rent due to repairing the roof.

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  • Is it illegal for credit report agencies or tenant service to report a UD after 60 days IF default judmt revsd and def prevails

    doesn't fee waiver require case to be sealed and otherwise would request to seal and not report be suffice in protecting credit? better option to stipulate jud not be filed and condition for plantif to dismiss case and seal?

    Frances’s Answer

    Credit reporting agencies and landlord blacklisting services can report anything they want, so long as the information they publish is true. Most unlawful detainer actions are semi-confidential for 60 days--that is, the information about the cases will not be found online. This regulation, which is stated at C.C.P 1161.2, regulates what the court clerk's office can do, not what credit reporting agencies can do.

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  • Do I need to file an unlawful detainer?

    I am a disabled senior giving a live-in caregiver free room plus small weekly salary in exchange for help. She now refuses to leave, even though she's been fired and is still storing stuff in room. What to do?

    Frances’s Answer

    You are unfortunately going to have to hire an eviction lawyer to handle this situation--I would not be comfortable with you attempting to do this on your own. One small mistake in an eviction case, and your "roommate" will be with you for a couple of extra months, and that does not sound like a healthy plan.

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  • Landlord /Tenant question

    I am renting a room in a condo. I have always paid the rent a week or so early or on the first of the month. I am cleaner than the person I live with (she's a mess and I can't even use the kitchen to cook or any room besides the bathroom) the one ...

    Frances’s Answer

    It's considered rude; it's considered annoying. But it isn't considered harassment, legally. We use the word "harassment" in a variety of ways, but in the law it means something specific. What you are describing is a roommate with dubious ethics and a bad personality. The best way to deal with the situation is to find yourself a new situation--move.

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