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Frances Miller Campbell

Frances Campbell’s Answers

1,123 total


  • Is it prudent to sue Real Estate Agent/Listing Office/Listing Agent in addition to landlord when suing for constructive eviction

    I found Landlord's property on MLS. Before I moved in his son trashed the place in protest in having to move out. Landlord accused me of destroying it and told me they wouldn't fix anything. He said I could move out and forfeit my 2 months of depo...

    Frances’s Answer

    That's not really "constructive eviction." You moved in with the place in that condition, so the landlord's failure to repair is simply a breach of contract or, depending on what was destroyed, a breach of the implied warranty of habitability. In both of these cases, notice that it's the LANDLORD who did something wrong, not the listing agent, who had nothing to do with it. You can sue the landlord for breach of contract.

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  • As a renter what documents can I record as a renter with the counry recorder to prove I am a renter?

    If the new owner says I do not reside in the property but have been living there for 7 months, other than rent receipts how can I record mt status as a renter?

    Frances’s Answer

    Rent receipts are the best way to prove you are a renter. The other best way, as another attorney mentioned, is to have utility bills in your name.

    I question why the landlord is challenging this--I would advise you to stop talking to the landlord. He likely knows you are his tenant but has some interest in proving you are not. Any communication from you might help him if you say the wrong thing.

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  • I live in apartments can they give me a 60 day notice just for no reason

    I receive a 60 day notice I called the manager and the owner tell her what was the reason she said there is no reason I just need the apartment back I told it has to have everything she said no I just need to put them back my last day is December ...

    Frances’s Answer

    You are in a non-rent-stabilized city. You can be evicted on 60 days' notice for no cause, like most tenants in the State of California. If you do not leave on time, your landlord will begin eviction proceedings. Do the best you can to find a place to go.

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  • Rent was paid on time, but landlord let water shut off, what can I do?

    I rent out a room and live in the same house as the landlord. If I pay my full rent (utilities included) and the landlord doesn't pay the water bill, can I legally deduct price by day of the water being shut off? Example: water off for 7 days, ren...

    Frances’s Answer

    You can't live in a place without running water. Call the County Health Department and tell them your landlord turned off the water, and they will order him to turn it back on.

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  • If a renter never signed a lease and is on a month to month. can he or she be evicted for not signing a lease?

    I am confused about the difference between a ease and a month to month which automatically renews. I was told if rent is accepted while a tenant is on a month to month in a rent control city then they do no have to sign a annual lease? Is this so?

    Frances’s Answer

    Not really. If the tenants ever signed a lease, they can be asked to sign a new lease. However, the tenants cannot be asked to sign a lease that materially differs from the prior lease--in other words, the terms have to be the same (except for allowable rent increases).

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  • Can you evict if lease holder is deceased?

    Mr.signed a lease for a 1BR apt in 1984 (specifically stating no other occupants/no children) in a 24 unit bldg. Building has changed ownership at least once. Current day, Adult (mid to late 40s) son has been living in said apt with Mrs. Apparentl...

    Frances’s Answer

    I have a feeling your rental property is rent-stabilized--otherwise you could evict anyone on a 60-day notice.

    Generally, in rent-stabilized ("RSO") tenancies, it really doesn't matter too much what it say about the other occupants. If the tenant has been living there regularly, they are a tenant as defined by the Ordinance because they are someone "entitled to the use and occupancy of the premises." You could not have prevented the husband from marrying and living with his wife in the unit, so forget the fact that the wife is not on the lease. She's entitled to be there and entitled to remain there. If son has been living there for any appreciable amount of time, son is also a person "entitled to the use and occupancy of the premises" and so he too is a tenant under the (Los Angeles) law.

    Finally, there is no "check fraud" going on--you're getting paid--and "check fraud" is not grounds for eviction under the Rent Stabilization Ordinance.

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  • How long to obtain a writ of posession after the ud stipulation and judgement agreement expired and the tenant refuse to leave

    Im the owner of a foreclosure property after a painful battle due to a bad lawyer we agree and sign a ud stipulation and judgement but now they are telling ne they are not going to move out on the agreed date ehat can i do to speed the process

    Frances’s Answer

    It depends on what the UD Stipulation and Judgment says. Does it say that a writ of possession is to issue immediately, but no final lock-out before x date? If so, you can get the writ of possession now, and the Sheriff get ready to execute on it. If it says that a Judgment will issue only when someone defaults in doing something, then you have to go back to the Court to get a Judgment.

    I have a feeling you are no longer represented by counsel, however, and that you did not write this protection for yourself into the Stipulation and Judgment. That's the problem with not being represented by an attorney.

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  • Can a LA landlord change prop status from duplex to single. can judge forfeit lease grant landlord rite possessing/on disability

    new landlord demolished attach back unit to my rental home while i was in it. changed status with RSO from duplex to single. Judge ruled in trial that my lease be forfeited and rite of possession against all unnamed occ. Stated lock out date..No e...

    Frances’s Answer

    Unfortunately, your question shows why tenants served with an eviction lawsuit MUST HIRE A LAWYER to defend the case, particularly when the case involves complicated questions dealing with municipal law, as your case clearly does. In Los Angeles, there are plenty of resources for tenants faced with eviction, but many try to represent themselves, to their detriment.

    Now to the answer: A Judge has no obligation to issue a statement of decision in a bench trial (non-jury trial) that lasts less than 8 hours. If the tenant loses an unlawful detainer case, the lease is forfeited. The Judge does not have to explain his reasoning, although I can guess his reasoning: He might be thinking that once the attached back unit was destroyed, your unit became a single family unit. A single family unit in Los Angeles is not protected by the Los Angeles Rent Stabilization Ordinance (the "RSO"), and a tenant of a single family unit can be evicted on 60 days' notice for no cause. Although I disagree that a landlord should be able to evade the RSO and destroy your rights under the RSO by destroying one of the units that gives YOUR unit RSO status, unfortunately, I am in the minority on this point, which has never been addressed by the California Court of Appeal. Most Judges simply look at the unit as it current exists, not as it was rented, and decide SFR=No RSO.

    One a lease is forfeited, and the landlord obtains a judgment for possession, the landlord has to obtain a writ of possession and take it to the Sheriff's Department, so the Sheriff can execute the writ--that means, kick you out. This usually takes about 2 weeks (currently) in Los Angeles. Before the Sheriff comes to your house to lock you out, he will post a 5-day notice to vacate, so you will have a final 5 days' warning before the lock-out date.

    Good luck.

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  • Verbal Eviction Notice From Landlord

    (early apologies if this has been asked already) On 11/2, my stepdad and landlord got into an altercation regarding parking in our apartment complex, and it ended with our landlord telling my stepdad that she wanted us (family) moved out by the...

    Frances’s Answer

    The landlord can't give you and illegal notice to move and then say, "well, because my notice was illegal, you have to stay." You have a right to rely on the previous landlord telling you to move out by the end of November.

    P.S. This is why it's good to put everything in writing. Write an email to the landlord saying that "you told us to get out by the end of November, and that's why we're moving out now." Maybe they will write back and confirm that they said that--but don't ask for confirmation; just see what they say about what they said.

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  • Is a landlord responsible for the behavior of his tenants when he does something to encourage certain behavior of the tenants?

    In my neighborhood there is a narrow strip of land called a parking strip that lies between the curb and sidewalk. This strip beings to the city. The rental next door to my house is a tiny 2 bedroom 1 bath rental. The land lord turned the la...

    Frances’s Answer

    Wow. This is an annoying problem and an expensive one to fix if you can't get the City to take action. Assuming the City is too busy to enforce it's own rules, you can file a lawsuit against the property owner next door for trespass and nuisance, and as the Court to enjoin (stop or prohibit) the parking of cars on the lawn. Then if it continues, someone could be charged with contempt of court. But this is all very expensive. It would probably be cheaper to put an electric gate up at the start of your driveway to prevent the neighbors from using it.

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