Frances Miller Campbellā€™s Answers

Frances Miller Campbell

Sherman Oaks Landlord / Tenant Lawyer.

Contributor Level 15
  1. How do I make sure there is no indoor growing taking place when plants are in back yard?

    Answered about 4 years ago.

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

    If your neighbors are complaining about violent behavior and lots of traffic, then perhaps you should serve these tenants with a 30 day notice to quit and get new tenants. That's a lot easier than trying to prove illegal activity. If you have a lease, you'll probably have to wait to the end of the lease to evict them. You can try to evict for illegal activity, but it's difficult.

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  2. Mold has been discovered in the unit that I rent repairs need to be done what am I entitled to be compensated with

    Answered about 4 years ago.

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

    Wow, this sounds like retaliatory eviction to me. You ARE entitled to be provided lodging by your landlord. If a landlord files an eviction lawsuit against you within 180 days of you complaining about problems in your apartment, that's retaliatory eviction. You need a lawyer to properly defend this eviction action, and you need one right away. Proving retaliatory eviction is tricky--you can't do it yourselves.

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  3. Refused to sign a new agreement which is similar to the old agreement, can I be evicted?

    Answered over 4 years ago.

    1. Frances Miller Campbell
    2. Pamela Koslyn
    2 lawyer answers

    If you didn't sign the new rental agreement, you should be fine. There are lots of defenses to unlawful detainer actions in West Hollywood, so make sure if you DO get served with an unlawful detainer action to hire a competent eviction defense attorney.

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  4. Landlord Issues

    Answered over 4 years ago.

    1. Frances Miller Campbell
    2. Pamela Koslyn
    2 lawyer answers

    You need to call the Dublin Building Department and ask them to conduct a code enforcement inspection. Most city agencies have the power to order a landlord to make repairs. Here's the information: Building and Safety Division For A Safer Tomorrow 100 Civic Plaza, Dublin CA 94568 ( Map / Directions ) Phone: (925) 833-6620 Fax: (925) 833-6628 Building Official: Gregory Shreeve, Sr.

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  5. Do I have to show my house on weekends or holidays?

    Answered over 4 years ago.

    1. Frances Miller Campbell
    1 lawyer answer

    The answer is NO. You only have to allow access during business hours. Here's the statute. (a) A landlord may enter the dwelling unit only in the following cases: (1) In case of emergency. (2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of...

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  6. Can I terminate a lease early if I lose a job in California?

    Answered almost 5 years ago.

    1. Frances Miller Campbell
    2. Pamela Koslyn
    2 lawyer answers

    Dear tenant, Unfortunately, there is no such law. However, if you tell your landlord that you have been laid off, and you break the lease, what are the odds that your landlord will actually come after you to sue you for the remainder of the lease? If I were your landlord, I would not waste my time or money doing that. Break the lease, move on, and if you do get sued deal with it then. Good luck in your new home.

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  7. Should I withhold rent if landlord is not repairing items that's Code Enforcements cited them for?

    Answered 9 months ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    3. Matthew Alan Rives
    3 lawyer answers

    Once the government cites a landlord to make repairs, and then the landlord doesn't make the repairs, and then 35 days go by, and you haven't caused the problems, the landlord loses the legal right to demand, accept or retain rent. See Civil Code section 1942.4. The way the law is written, the landlord should literally take your rent out of his pocket and throw it back at you. So, now let me any YOUR question. SHOULD you withhold rent? I would, but then I could represent myself ably in...

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  8. If I get a UD trial date, can I postpone it for any reason?...

    Answered over 1 year ago.

    1. Frances Miller Campbell
    1 lawyer answer

    Likely not. Landlords have a statutory right to a trial within 20 days after you answer the Complaint. Your best bet is to hire counsel to defend you. If the defense is good, the landlord may be willing to settle with you for extra time to move and a waiver of past and future rent. This is only likely if you are represented by counsel.

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  9. What to do if u didn't answer a unlawful detainer. Does court give u some warning to vacate?

    Answered over 1 year ago.

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

    If you do not file an answer to an unlawful detainer, then the landlord will obtain a default judgment against you. This takes a couple of weeks. After that, the landlord can obtain a writ of possession, which is the document that allows the Sheriff to lock you out. The Sheriff will post a 5-Day Notice to Vacate before locking you out. I really suggest that you hire a lawyer to deal with this issue. You do not want to have a judgment for unlawful detainer on your record--you will find it...

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  10. Can I withhold rent?

    Answered over 1 year ago.

    1. Brian Leigh DeWitt
    2. Frances Miller Campbell
    3. Brad S Kane
    3 lawyer answers

    The landlord is required to make repairs to the premises you rent. You can have it fixed yourself, and deduct it from the rent, but it would be safer to make the repair yourself and sue the landlady in small claims court for the cost of the repair. However, realize that there is no rent control where you are, and the landlady will probably evict you for suing her. This is illegal too (it's retaliation) but sooner or later she will get you out. You need to take your money to a place...

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