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Frances Miller Campbell

Frances Campbell’s Answers

1,123 total


  • Is it reason to evict a tenant if the tenant always call the poloce when owner of property wants to maintain his apt.units?

    My father in law has 1 tenant who has called the LAPD on him 4x in the past 2 months when he gors to the property to tell the tenant to stop watering the lawn.the LAPD arrested my father in law him for trying to take the hose from him for battery ...

    Frances’s Answer

    No--a landlord cannot evict a tenant for calling the police. Calling the police is a legally-privileged act (because the law never wants to inhibit people from calling the police). The tenant can call the police every 10 minutes, and it's still not cause to evict.

    That's a no.

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  • Is it legal to do this even though she had prior consent and has no where else to go?I don't think it's fair

    My mom lives in a apartment building for the last seven years.It's a studio apartment and they give you a mini fridge and small kitchen.About five years ago she was having problems with her diabetes and the doctor told her to eat more fresh foods ...

    Frances’s Answer

    It sounds like your mom requested, and received, a reasonable accommodation for her disability to allow her to keep a full-sized refrigerator in her studio apartment. The landlord can't really take back a reasonable accommodation--if your mother still has diabetes and still needs the refrigerator, she still gets the reasonable accommodation. Your mother should write to the landlord again and tell the landlord again that she has diabetes, and still needs the refrigerator as a reasonable accommodation to her disability. The landlord can't fine her for having what she needs to accommodate her disability--that would be like fining a tenant for having a wheelchair ramp or guard bars in the bathroom.

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  • Can I sue my landlord?

    I have a signed piece of paper saying for so much a month that I pay covers my rent electric and water. I have been here over a year and have paid the full amount for the bills, also I supplied the food and all household neccesatys. ( laundry soap...

    Frances’s Answer

    If your landlord has overcharged you, you can sue him in small claims court to recover the overcharges.

    This guy sounds dangerous--you should move for your, and your child's, safety.

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  • Tenant Landlord issue

    I and my wife we worked as apartment managers. We complained unpaid wages and another violations of the law by management company and they fired us. We signed lease agreement and continued to live in the building as tenants. Also we filed the la...

    Frances’s Answer

    Those are a lot of questions:

    1. As you appear to already know, apartment managers are employees that must be paid minimum wage, and be given a free apartment (because your apartment is a tool you need to do your job--I can't hire a typist and charge him for using the typewriter, for instance). The only exception to this is if you have a signed written agreement prior to being employed to pay a portion of rent--I can't remember the portion that is allowed, but it can be found if you look up apartment managers, minimum wage, and "wage order".

    2. If you are fired for complaining about unpaid wages, you have a legal claim for wrongful termination.

    3. Are you in a rent-controlled building? If so, you can only be charged rent in the amount of your first rent plus whatever allowed increases the housing department allowed while you were managers.

    4. The landlord still has to make repairs, as you know, particularly because they were ordered to do so by the Health Department.

    5. The landlord must accept your rent. They are just breaking the law by pretending not to have received your rent. But you can't really tell them to stop breaking the law--they are doing this on purpose, naturally.

    6. Your rent wasn't late, so you can't be charged a late fee, naturally. You can sue in small claims court to recover the late fee, if you paid it.

    7. Even if you actually had paid late, a $100 late fee is an excessive penalty--not true "liquidated damages." In residential lease situations, a landlord can only charge a late fee the reflects the actual loss to the landlord caused by the late payment. With interest rates right now, the actual loss is probably less than a penny, but a $25.00 late fee would probably pass muster with the courts.

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  • I received a 60 day notice at the beginning of October my last day in my apartment is the 26thof this month which totally sucks

    (Yes, to finish my question the day after Christmas which is messed up!!!!) especially when I have been a good tenant I have never been late on my rent except one month (I think back in March which was not my fault) my income is Social Security di...

    Frances’s Answer

    A couple of things: (1) Negotiate with the landlord. He's not going to get a new tenant on December 27th--no one moves over the holidays.

    (2) if your mental disorder results in you needing more time to move, you can request a "reasonable accommodation" of more time to move, but you must articulate in the request why you are prevented from moving on the 26th because of your disability. If you can find a lawyer, or a mental health advocacy group, to write this letter, that would be ideal.

    (3) You can just not move, and then the landlord will have to file an eviction action against you. I do not recommend this course of action, but I want you to know that the landlord cannot simply just lock you out on the 27th. If an eviction is filed against you, you need to retain an attorney to defend the case and protect your rental record. You may have defenses to the unlawful detainer action, but I can't evaluate this in this forum.

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  • Is notice still to be given for a tenant who did not pay rent but performed volunteer labor for over a year

    I have lived at a nonprofit rehabilitation center for over a year. I just graduated and have been there 13 months. The first six months I worked 50 hours per week volunteering at their thrift store. The way it works is the first six months you wor...

    Frances’s Answer

    You are still entitled to a 30-day notice to terminate, because you are a tenant at will. Oral eviction notices do not work, and you cannot be simply thrown out without a court order.

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  • What are our rights as a tenant, and what are the landlords responsibility regarding fixing the kitchen plumbing

    We notified our landlord last Wednesday that the sinks in the kitchen were backed up.His response was" It's Thanksgiving ..no one is working.we heard nothing till Friday night when his wife emailed That she had checked our lease and any plumbing p...

    Frances’s Answer

    The plumbing is the landlord's responsibility, no matter what it says in your lease. See Civil Code section 1941.1. You can fix the problem yourself, and sue the landlord for the cost of the repair in small claims court, provided that you can find a plumber to do it on your request without the landlord's permission. (Note that I DO NOT recommend deducting the cost of repair from the rent--that can throw you into eviction proceedings.)

    Alternatively, call the County Health Department--or complain to them on line. They will come out to the property and issue an order for the landlord to make repairs. Typically, they demand quick action for these types of problems. Also, call the city's code enforcement agency--usually it's the Department of Building & Safety, but check on line.

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  • Is there a time limit for my landlord to request a trial date?

    I was just wondering if my landlord has to request a trial date after I filed my response to an unlawful detainer and if I would be notified if he dropped the unlawful detainer in order to file it again.

    Frances’s Answer

    Your landlord does not HAVE to request a trial date, but if he is not doing so, you should. The reason is, eviction cases are confidential for 60 days--no one can look online and find your cause until day 61. If the case is dismissed, or you win, the case stays confidential.

    If you request a trial date, the case will be over, one way or another, before 60 days pass. However, you REALLY should hire an attorney to represent you. Conducting a trial is not something you learn by reading about it on the internet.

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  • Tenant above us makes a lot of noise during quiet hours and THE OWNER doesnt do anything about it.

    Since 1 year the neighboring couple above our apt is making our life hell - specifically the female part of it - loud living noises in the silent hours - between 11 pm and 7 am.The apt owner knows about it and no resolution - We have involved LAPD...

    Frances’s Answer

    The other attorneys told you to get advice from a lawyer or have a lawyer write a letter, but, as the lawyer you would probably end up calling, I am going to tell it to you like it is:

    Letters don't work. Your landlord is not doing anything because your landlord doesn't care about whether or not you move out. If your unit is rent-controlled, your landlord may WANT you to move out, so he can rent your apartment for more money. If you've been in your unit a long time, and it's rent-controlled, the landlord might have HIRED the people upstairs to make noise. This really does happen!

    It's true; your landlord is breaching his lease with you. And the tenants are liable to you for keeping you up at night for a year. But the sad truth is that it would cost you a LOT of money to sue the landlord and the other tenants, and you probably would not get much money in return. This is really and truly the most difficult landlord-tenant problem to solve unless you have a lot of money to throw at the problem, at LEAST $25,000 and maybe $100,000 or more. So it's pointless to try. I suggest patience, earplugs and white noise machines.

    Sorry.

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  • Can one co tenant evict a sub tenant without the other co tenant agreeing

    I have one roommate on the lease, He moved in his friend who is not on the lease. They are causing too much trouble and i want the sub tenant out. The landlord is not aware of this sub tenant. I did not agree to let them stay this long . Now i Fee...

    Frances’s Answer

    Your answer depends on whether or not your unit is rent-stabilized. If you live in a multi-unit building, built before October 1, 1978, then the unit is probably rent-controlled. If so, then, guess what? You can only evict the troublemaker for 14 very particular reasons. See L.A.M.C. § 151.09 A.

    You are right to be worried--your original roommate has put your tenancies in jeopardy. And, I think the answer to your question is "maybe" but it doesn't matter--you are going to wreck your friendship with the original roommate. It seems like it's time to file a new place to live, but make sure if you are currently under a lease to go to your landlord and ask if the troublemaker can take your place under the lease. If he says yes, then you're off the hook. If he says no, he might serve you with a 3-day notice to "cure" (stop renting to a 3rd person) or quit. And I suggest you quit.

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