Frances Miller Campbell’s Answers

Frances Miller Campbell

Sherman Oaks Landlord / Tenant Lawyer.

Contributor Level 15
  1. Can I terminate a lease early if I lose a job in California?

    Answered over 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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  2. Can my landlord raise my rent $100 and make me sign a contract?

    Answered 6 months ago.

    1. Frances Miller Campbell
    2. Brad S Kane
    3. Bernard Conrad Jasper
    3 lawyer answers

    It depends, on so many things. (1) is the property in the CITY of Los Angeles, or outside the CITY and in the COUNTY of Los Angeles. If the property is in the CITY AND built before October 1, 1978, it MIGHT be rent-stabilized if there is more than one property on the lot OR if the landlord is renting out multiple rooms in a single house (but not if the landlord is renting out a single room in his own house). Assuming that the property is not rent-stabilized, then the answer is Yes. The...

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

    Answered about 1 year 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...

    3 lawyers agreed with this answer

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

    Answered almost 2 years 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.

    3 lawyers agreed with this answer

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

    Answered almost 2 years 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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  6. Can I withhold rent?

    Answered about 2 years 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...

    3 lawyers agreed with this answer

  7. Landlord has no business license for the house that I am renting.

    Answered over 2 years ago.

    1. Frances Miller Campbell
    2. Kevin Lewis King
    3. James Louis Miller
    3 lawyer answers

    No, absolutely not. You need to pay your rent. To my knowledge, a landlord does not have to have a business license to rent property (unless your landlord is a property manager only, in which case he or she needs a broker's license). Not paying your rent is a great way to get evicted.

    3 lawyers agreed with this answer

  8. I have plenty of absolute proof. What are my chances of winning a slander suit and getting the max payment, $25,000.00?

    Answered over 2 years ago.

    1. Christine C McCall
    2. Frances Miller Campbell
    3. Michael Charles Doland
    4. Michael Raymond Daymude
    5. Neil Pedersen
    5 lawyer answers

    First, there is no "max payment" for slander. Your damages are whatever you can prove. No attorney can really tell you your chances of winning any certain amount. However, it seems you do have good evidence. I disagree with the other commenting attorney that you can obtain a civil harassment restraining order on these facts--you are not being threatened with violence. However, as part of the lawsuit for defamation, you can ask for, and will probably receive, a restraining order preventing...

    3 lawyers agreed with this answer

  9. Who is responsibility in fixing a bed bug problem? Landlord or tenant?

    Answered almost 3 years ago.

    1. Frances Miller Campbell
    2. Assly Sayyar
    3. Frank Wei-Hong Chen
    3 lawyer answers

    It is ABSOLUTELY the landlord's responsibility to ERADICATE the bedbugs in the apartment building. See Civil Code sections 1941 and 1941.1. In an apartment building, a landlord cannot fix a bedbug problem by spraying only one unit--they travel through walls, ceilings, walk across the hall, etc. If the landlord sprays in one unit, they move to the surrounding units and, guess what, they will be back. The landlord makes the problem worse by having a single unit treated. Also, a lot of...

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  10. I am a sixteen year tenant never late on rent have been given six month extension for no reason do i have rights??

    Answered about 3 years ago.

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

    I'm so sorry, but because you are not in a rent-controlled jurisdiction, the landlord is under no obligation to renew your lease. This is true throughout California, except in cities that have rent control. 16 years is a good run. You should have no trouble finding a new place to live.

    3 lawyers agreed with this answer