Frances Miller Campbell’s Answers

Frances Miller Campbell

Sherman Oaks Landlord / Tenant Lawyer.

Contributor Level 15
  1. Does an illegally & forcibly evicted subtenant have legal standing to appear at UD trial?

    Answered about 1 year 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...

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

    Answered almost 3 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...

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

    Answered almost 3 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.

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  4. Tenant rights; late fees etc.

    Answered about 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...

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  5. 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....

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  6. Can I be evicted from my apartment for having a bed bug infestation?

    Answered over 4 years ago.

    1. Frances Miller Campbell
    2. Kenny Kean Tan
    2 lawyer answers

    You ABSOLUTELY CANNOT be evicted for "having" bedbugs. The landlord is required BY LAW to exterminate all vermin in its apartment buildings. See Civil Code sections 1941 and 1941.1 (rental unit must be substantially free of vermin [bugs] or it is untenantable). You cannot be evicted for asking the landlord to exterminate bedbugs. You have no responsibility to pay for extermination, even if your lease illegally says that you do. You can fight this eviction and win. You should also talk...

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  7. Is the tenant responsible for sagging ceiling repair on a condo?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Frances Miller Campbell
    3. Celia R Reed
    3 lawyer answers

    It is 100% your landlord's responsibility to fix a sagging ceiling. If your landlord doesn't do it, you have three options: (1) ignore it [probably not the best option]; (2) repair it and deduct the cost of the repair from the rent, after documenting in writing that the landlord refused to repair it***; or (3) repair it and sue your landlord in small claims court for the cost of the repair. Option 3 is the best. If you go with number 2, the landlord may tell you that the repair wasn't...

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  8. Can an eviction mill type attorney share the names of tenants with all the landlords he represents?

    Answered almost 2 years ago.

    1. Frances Miller Campbell
    2. Robin Mashal
    3. Cheryl Rivera Smith
    3 lawyer answers

    The answer is maybe. You write that "I made sure that the owner couldn't blacklist me to tenant screening sites, credit bureau(s) or any future landlord." Assuming you had such a stipulation, then the landlord's attorney might also be bound by it on an agency theory. The landlord's attorney, as the agent of your former landlord, might be liable for you, therefore, for tortious interference with contract, or some other tort. It is hard to opine further without knowing more about the agreement.

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  9. California law on tenant's rent increase

    Answered about 3 years ago.

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

    Dear landlord: You may raise the rent to whatever the market will bear because, as you pointed out, there is no rent control in Pasadena.

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  10. Can I legally evict a tenant who claims that they have a prescription for medical marijuana under CA landlord tenant laws

    Answered over 6 years ago.

    1. Scot Andrew Candell
    2. Frances Miller Campbell
    3. Michael Robert Bracamontes
    3 lawyer answers

    The most important part of your question is "the smoke bothers everyone here." If that's the case, it doesn't matter if your tenant is smoking tobacco, marijuana, opium, or oregano. That fact is, the tenant is doing something that is interfering with others' rights to use and enjoy the property. You can therefore evict the tenant for "nuisance." By the way, it doesn't make any difference to the analysis whether or not you have a written or oral rental agreement.

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