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Frances Miller Campbell

Frances Campbell’s Answers

1,123 total


  • CA" landlord/tenant law: 3 day eviction notice served for contract breach, will reminder of this month's rent be refunded?

    Legally in California, is the landlord required to refund the prorated monthly fee paid for this month's if rental agreement has been broken by me and I'm now required to vacate the premises within 3 days? If yes, does this apply to sober livin...

    Frances’s Answer

    I do not believe that there are any special rules for sober living houses that allow a landlord to engage in self-help eviction, and that therefore the landlord was required to serve you with a notice to cure covenant or quit, and then give you an opportunity to cure. Then, if you continued to violate the lease, the landlord was required to file an unlawful detainer action and sue you, and prove that you violated the terms of your lease. Then, if the landlord proved all that, the landlord would be entitled to evict you. So, in conclusion, the landlord had no right to rush you or touch your stuff.

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  • How do I intimate master tenant to return my security deposit?

    I moved out of my room rental in mid August. We had agreed I'd move out at end of Aug but I found a place earlier and wanted to stop seeing his face ASAP. So my official move out date was Aug 31.'' 21 days have passed, and I haven't received a...

    Frances’s Answer

    The way to proceed is to sue the master tenant in small claims court for return of your security deposit.

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  • Can a landlord evict one tenant from an apartment and not the other?

    60 day notice to quit month to month tenancy for "the back room and all other persons" was recently received by me. Can my landlord do this legally? Specifically aim a termination to me or does she have to serve all persons in the apartment. Rent ...

    Frances’s Answer

    • Selected as best answer

    Technically, I do not think so. A landlord, when he evicts someone, asks the court for possession of a particular piece of property, not a room in a house, not the left side of the kitchen, not the attic, not the area under the dining room table. If he were awarded possession of one room, and a writ were issued, the Sheriff could only evict the people from that room. But then, what happens when that room is restored to the landlord's possession? Do those people move to another room?

    If a landlord wants to evict one person, he has to evict all people, and then let the people he likes move back into the rental unit.

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  • Is landlord responsible for some of the behaviors of his tenants?

    In the city, front lawn is not to be used as parking lot. The landlord of the tenants next door took out the lawn and put in gravel so that cars could be parked there. I heard the city told him to stop and put a lawn back in. He has not done t...

    Frances’s Answer

    You could sue the owner of the next-door building for nuisance (interfering with your property rights) and for an injunction (to prevent people from parking on the lawn). It will be expensive, but you could do that.

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  • Can we be evicted for asking the landlord to fix certain things in the house?

    We've lived in our home for 2 years. On July1st our landlord gave us a notice of rent increase (2nd one in 2yrs). Original rent was a great deal and there were things that never worked but we didn't complain about them because of the low rent. We ...

    Frances’s Answer

    Your landlord sounds like a freak. Your landlord is REQUIRED BY LAW to make repairs to the premises you live in. Obviously, she does not want to be bothered. But that's too bad--that's the job.

    She can't evict you for asking for repairs--that's classic retaliatory eviction and prohibited by Civil Code section 1942.5(a). Be assured that she won't "serve formal eviction papers" at the end of the month. The law would require her to serve you with a 60 day notice first. (Unless you're subject to a lease--then she would have to serve you with a notice stating that you breached the lease and giving you an opportunity to cure the breach.)

    So, maybe she'll calm down and just make the repairs. If not, you can just make the repairs yourselves and sue her for the cost of the repairs in small claims court. If you go that route, make sure you have written evidence that you asked her to make the repairs, and that she refused to do so.

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  • When counting court days in the federal courts civil, if a noticed motion must be served no later than 21 days before the

    scheduled hearing, are holidays and weekends included or excluded? This would apply to a motion to remove stay n a chapter 13 bankruptcy.Thank you.

    Frances’s Answer

    They are included. If the statute says "days" it means calendar days.

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  • An employee at a retail store made a racial slur at me but I just ignored him and walked away. Can I still sue the company?

    I didn't even look at the guy nor give any attention to him, however I could hear him talking about me. I was in a small town where I was the only Asian descent person at the store. And the employee was making noises that mimics martial arts sound...

    Frances’s Answer

    You can. The Unruh Civil Rights Act prevents all business establishments from discriminating against their customers. There is a minimum award of $4,000.00 if discrimination is proven, and the attorney can recover his or her attorneys' fees. Keep in mind that, to win, a Judge or jury would have to believe you over the store employee, who is likely to lie.

    Probably the better approach is to write to the company's human resources department, describe what happened, when it happened, and who discriminated against you, and suggest that the employees be forced to participate in diversity training. You may get a written apology, or perhaps a gift certificate, for your trouble.

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  • Is my issue a landlord's responsibility and can I sue?

    I have been living in my apartment complex for about a year. In this year I have experienced many issues and one is plumbing. Sewage water has overflowed my tub and bathroom twice and my toilet has also "exploded", cracked, and caused a minor floo...

    Frances’s Answer

    Yes. Yes. Yes. Call the Los Angeles County Environmental Health Department and report this. I have provided you with a link below. You should also call the Housing Department at 866-557-RENT and ask for a Code Enforcement Inspection.

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  • Who is responsible for paying for a pest control company? The tenant or the landlord?

    I have discovered that I have bedbugs this week and have notified the building manager (7 unit-building). We have been living in this apartment for 8 months and this just happened. Can we ask the landlord to pay for it? Or are we completely respon...

    Frances’s Answer

    • Selected as best answer

    The landlord is 100% responsible for paying for extermination services immediately, because this is the landlord's legal obligation. See Civil Code section 1941.1.

    Then, if the landlord can PROVE YOU, PERSONALLY, brought in the bedbugs, the landlord could sue you for his damages, but first he would have to PROVE you were negligent in bringing in the bedbugs. This would be nearly impossible to do.

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  • After "3 day notice pay rent or quit" posted at the door, how many days required prior files complaint?

    If the days counting include weekends? Or counting working days only? Thank you.

    Frances’s Answer

    You count weekend days too, unless the three days ENDS on the weekend. Then the deadline is extended to Monday.

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