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Frances Miller Campbell

Frances Campbell’s Answers

1,060 total


  • 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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  • Can this be considered discrimination?

    I found a studio apartment for rent on craigslist. After submitting all necessary paperwork, I was told that the apartment will be rented to me and paid a deposit and a first month for the last 10 days if the month. Our move in day was march 21st ...

    Frances’s Answer

    I don't know why it would be discrimination unless the failure to allow you to move in was something to do with your race, gender, or disability, etc.

    What you have is a breach of an oral contract, a contract that can be proven by the return of the money of the landlord. You can sue the landlord for all your damages associated with the breach of contract, including the cost of finding replacement housing quickly.

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  • Are landlords liable for tenants' injury over a fire damage that is caused by the tenant themselves?

    We rented our unpermitted unit to our tenant for over 20 years. There was a fire damage to that unit and one of the tenants had a minor injury from that event. We received a letter from their lawyer demanding over 1MM for their injury and emotio...

    Frances’s Answer

    Landlord, I think you are leaving out some important information. Did the unpermitted nature of the unit have anything to do with the injuries? Did you have the requisite smoke alarm in this unpermitted unit? Were there no kick-out bars on the windows? Turn the matter over to your insurance company and let them assign attorneys to come up with whatever defenses you might have to the demand for compensation.

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  • Section 8 does not recognize garage as part of tenant living/usage space. May I close off garage to tenant?

    Tenant living in house for almost 6 years.

    Frances’s Answer

    Landlord, assuming this rental unit is one of two or more units on the same lot, with at least one unit being built in before October 1, 1978, you have 2 masters: (1) The Los Angeles Housing Authority that administers the Second 8 program, AND (2) the Housing and Community Investment Department of Los Angeles (HCIDLA), which administers the City's Rent Stabilization Ordinance. If you take away the tenant's garage space, you will have to lower the tenant's rent in an amount sufficient to compensate the tenant for the loss. Otherwise, you will have illegally raised the tenant's rent. So--don't do it.

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  • I have found bedbugs in my apartment after numerous bites, my landlord says she is not responsible?

    I am having a problem and need advice? Two years ago a unit apt. above me had a bedbug infestation, and was treated. We were not informed by management either, we know one another and so we knew. However two weeks ago, I began to develop an itchy...

    Frances’s Answer

    It is absolutely the landlord's responsibility to exterminate the bedbugs. See Civil Code section 1941.1. You are therefore correct that you may deduct the cost of extermination from your rent, but this will probably result in an eviction lawsuit, based on what your landlord is telling you. Therefore, it would be safer to pay the entire rent and sue the landlord in small claims court to recover the cost of the extermination, plus extra money in some reasonable amount for the bedbug bites and the horror of having your apartment invaded by bedbugs.

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