Frances Miller Campbellā€™s Answers

Frances Miller Campbell

Sherman Oaks Landlord / Tenant Lawyer.

Contributor Level 15
  1. Can I be evicted from my apartment for having a bed bug infestation?

    Answered about 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...

    Selected as best answer

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

    Answered about 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...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year 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.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. California law on tenant's rent increase

    Answered over 2 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.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered almost 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.

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  6. Would I be able to take my landlord to a small claims court because the apartment has cockroaches and asbestos insulation?

    Answered about 2 years ago.

    1. Frances Miller Campbell
    2. Hillary Johns
    3. Frank Wei-Hong Chen
    3 lawyer answers

    First, don't worry about the asbestos insulation. So long as asbestos is not disturbed, it is safe. Since you're talking about insulation, I assume that asbestos is not floating around in the are, which is UNsafe. You definitely can take you landlord to court for damages for cockroach infestation, ESPECIALLY if you have reports from the Health Department regarding cockroach infestation. Take the reports, and a lot of nasty photos, to court with you. If he doesn't fix the problem, you can sue...

    Selected as best answer

  7. Is my Landlord breaking the law with inhabitable living conditions?

    Answered over 2 years ago.

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

    Wow, the other two lawyers are crazy. Gas leaks can kill you. Yes, that is a condition that renders the premises untenantable, which is closely related to uninhabitability. Other conditions that render the premises uninhabitable is grass growing through your floors, beetle infestations (make sure it's not bedbugs), and uneven floors (which are trip hazards). The landlord should be reported to the Los Angeles Housing Department, which should do a SCEP inspection and cite the landlord for...

    Selected as best answer

  8. Should I call the attorney of record for the unlawful detainer and request no addtional docs. be attached to my door...

    Answered over 2 years ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Many times process servers will just post the summons and complaint on your door if they don't find you at home. It's not "legal" process, but it puts you on notice of the lawsuit. In unlawful detainer, if the process server cannot find you at home, the landlord can obtain a court order allowing service by posting and mailing, so don't be too sure that service by posting is improper. Forget fighting the service issues. Process servers are not above lying about service of a summons and...

    Selected as best answer

  9. Can I use Small Claims to recover attorney fees from a frivolous Unlawful Detainer where landlord dismissed the case?

    Answered almost 3 years ago.

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

    Hi JD, You CAN file a malicious prosecution action in small claims court against your landlord. Make sure you know what you have to prove: (1) you won; (2) there was no probable cause for the lawsuit; (3) any reasonable person would have known there was no probable cause for the lawsuit, and (4) malice by your landlord. Your attorney cannot move for attorney's fees because the unlawful detainer action arose from a breach of contract, and attorney's fees are not recoverable pursuant to...

    Selected as best answer

  10. Can I respond/object to an ex parte application in unlawful detainer action?

    Answered about 4 years ago.

    1. Frances Miller Campbell
    2. Zachary Roy Ugale Rayo
    2 lawyer answers

    Typically, you can file an opposition to the ex parte application on the same day as the hearing. Just walk it in, and bring an additional copy for the moving party and one for you. Give it to the clerk, and he/she will give it to the Judge.

    Selected as best answer