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Frances Miller Campbell

Frances Campbell’s Answers

1,055 total


  • Is it legal for a property manger to ask for rent back when they returned it?

    i was served a 60 day notice to move out of my apt on Jan 16th. that gave me until march 17th to move . i paid the entire amount of $1150 march 1st and $500 was returned as an over payment . the reason i was served was for noise complaints and the...

    Frances’s Answer

    It's neither morally wrong nor illegal. If you are living there, you have to pay rent--end of story. Sounds like you don't have to move, and they've forgiven the noise complaints.

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  • Can landlord sue tenant for secretly recording confidential conversation to use in court?

    Secretly recorded conversations.

    Frances’s Answer

    Probably not. First of all, what do you mean by "secret"? Was anyone else there when this recording was made? If there was a 3rd person listening to the conversation, the conversation was not secret and there is nothing wrong with recording an "un-secret" conversation for any purpose. If the tenant recorded a truly secret conversation--just you and him in the room--or just you and him on the phone and you know that no one was on speaker--then the Court probably will not allow it to be used as evidence.

    Can you sue? Maybe, but what are your damages? You can't sue for just any made-up amount--you have to prove you were injured. And "he used my words against me in court" is not an injury. If this was truly a secret conversation between two people, and you were recorded without your consent, the tenant could be CRIMINALLY prosecuted, however. Does that help?

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  • Appealing an eviction on record?

    Served with unlawful detainer bc rent was 17 days past due and I had called health dept on roach infest in complex. Gave LL my check for that mo and the next mo. Checks mailed back to me. Filed my answer. Moved out b4 court date. Clerk set another...

    Frances’s Answer

    Oh dear, oh dear. In Los Angeles, there are SO MANY resources for tenants who are served with eviction lawsuits, and you should have hired a lawyer. They are easily found through the "Googleing" process.

    You made 100 mistakes in this case, and now, yes, you have an eviction on your record. You have an eviction on your record right now. You can't "appeal the eviction on your record." You can only appeal from a Judgment if you can show that the Court made a legal error at the trial. Unless you had a court reporter at the trial, you can't show that the Court made an error. An appeal will not remove the record of eviction anyway.

    Also sounds like the eviction case turned into an action for breach of contract (although it will still look like an eviction to anyone who looks up the case online).

    Is there a way to deal with this now? Maybe, but you will need the help of an attorney who understands unlawful detainer law. And it will cost you.

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  • Tenant gave 30-days notice mid-month. How much rent is due on the 1st?

    Tenant gave me 30 days notice on March 15th. Rent is month to month, due on the first of each month. On April 1st, can the tenant pay just 15 day's rent, or do they pay the entire rent, and if they have in fact moved on the 15th, then the last hal...

    Frances’s Answer

    The tenant only has to pay rent for the time he will be there--that is, until the 15th. If you collect a full month's rent on April 1, then you've reinstated the tenancy by collecting rent for a period of the time after the notice expired, and the tenant can stay on indefinitely.

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  • Lodger agreed to be out by the 31st via text, but 30 days notice wasnt given.

    We told our single lodger on the 16th to be out by 5 p.m. on the 31st, which he agreed to over text. After doing some research we learned that since his rent was month to month, we should have given him 30 days notice. He has been in our house for...

    Frances’s Answer

    You can't legally remove him from the property. You can't do it even if you served him with a 30 day notice. After proper service of a proper 30 day notice, assuming all other elements required by the law are met, then you can call the police and the POLICE will (or will not) remove him. But if you lock him out on your own under any circumstances, you're breaking the law.

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  • I rented my home when I moved for a job that ended prematurely. Can I end my tenant's lease early so I can move back?

    I was offered a job and moved out of state nearly two years ago. When I left I rented out my house to tenants that signed a year long lease. They renewed their lease 9 months ago. Now I am unemployed and can't afford to NOT live in my house so ...

    Frances’s Answer

    You need to wait until the end of their lease to move back into your house. The same way the lease provided you with assurance that you would have rent for a year, it provided your tenants with assurance that they would not be displaced for a year.

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  • Is there a DISC-015 equivalent for an unlawful detainer case. I would like to know how to request oppositions evidence.

    Would love to envoke the benefits of the DISC-015 form in a UD case where I am named as a defendant.

    Frances’s Answer

    You cannot use a Disc-015 form in unlawful detainer cases. These are for limited civil cases that are NOT unlawful detainer cases.

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  • Security deposit refund in CA

    I vacated my rental on 3/4/15 and didn't leave the keys. My husband let the landlord know that the keys accidentally got pack and we needed to look for them in storage. She said ok and get them back when you can. We found them and emailed her o...

    Frances’s Answer

    The 21 days starts from the day you vacate. Once you told the landlord you were gone, the landlord had every right to, and should have, changed the locks.

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  • Did lanlord give me proper notice to vacate?

    Lease expires on April 4th. Landlord sent us letter on March 21st of notice to vacate. That he would not be renewing the 18 month lease. Move out date is April 25th on notice. Don't i need a 30 day notice from date lease is up?

    Frances’s Answer

    Nope--the landlord can give you notice 30 days before the lease expires.

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  • Do I need to file an unlawful detainer in court?

    The tenant was vacated by the City of Long Beach. There were no past due rent and no rent was charged as of the date the unit was deemed uninhabitable by the City Inspector. A rent relocation fee has been sent to the tenant as well as a Notice o...

    Frances’s Answer

    When you file an unlawful detainer action, you need to swear under penalty of perjury that the tenant is living in your unit. The whole point of an unlawful detainer lawsuit is to regain possession of a dwelling unit that another person is living in. If the tenant "was vacated," as in, the tenant moved out, then, no--you do not need to file an unlawful detainer in court, because the tenant is not unlawfully detaining the property. In fact, if you do this, you could conceivably be sued for malicious prosecution once the tenant finds out you filed the case.

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