Frances Miller Campbellā€™s Answers

Frances Miller Campbell

Sherman Oaks Landlord / Tenant Lawyer.

Contributor Level 15
  1. What is the best way to approach someone suing me to agree on a reduced settlement before small claims court?

    Answered almost 2 years ago.

    1. Frances Miller Campbell
    2. Frank Wei-Hong Chen
    3. Michael Charles Doland
    4. Richard Scott Lysle
    4 lawyer answers

    Neither crying nor coming on strong is the best approach. The best approach is calm and friendly and businesslike. Nicely call up the plaintiff and ask them if they will accept $2,000 in settlement. If they will not, ask if they have a counter-offer. You might try discussing the case with them and pointing out the weaknesses of their case, but before you do that, acknowledge the strengths of their case. That way they know you are truly analyzing the situation. If they won't settle...

    2 lawyers agreed with this answer

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  2. If I accept a settlement after trial,but before filing my judgment in a UD case in Cali, am I creating new verbal tenancy?

    Answered almost 2 years ago.

    1. John Noah Kitta
    2. Frances Miller Campbell
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Watch out. Any time you have a tenant in possession and accept rent, you may be creating a new tenancy, because they are no longer in the property "without permission," as they must be to be "guilty" of unlawful detainer.

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  3. How would you interpret this rental lease provision?

    Answered almost 2 years ago.

    1. Joann Leigh Pheasant
    2. Frances Miller Campbell
    3. Frank Wei-Hong Chen
    3 lawyer answers

    I am just going to jump a little off topic for a minute and tell you that whatever it means, it appears to be unconstitutional. The landlord does not have a right to monitor who comes into your home. If your mother, for example, comes to visit you for a week, the landlord has not legal right to make her "register" with the rental office. This provision is overreaching. The landlord typically limits the right to have other occupants by having a lease provision that says that only occupants...

    2 lawyers agreed with this answer

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  4. 3-day notice to pay rent or quit

    Answered over 4 years ago.

    1. Frances Miller Campbell
    1 lawyer answer

    1. No--the notice must be mailed in addition to being nailed. 2. No--can only ask for rent in a 3 day notice to pay rent or quit. Late fees and interest are not rent. It is not usually legal to charge late fees in residential rental agreements. 3. No--the lease is terminated if you leave within the 3 days. 4. Yes, except for the amount of rent that is due per the notice.

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  5. I have a received a '3 Day Pay Rent or Quit" notice, do I have any options and what is the process?

    Answered over 4 years ago.

    1. Frances Miller Campbell
    2. Pamela Koslyn
    3. Nima Farboody
    3 lawyer answers

    Dear tenant, Do you have the rent to pay now? If so, and you want to stay, you may have myriad defenses to an eviction lawsuit, especially if your unit is rent-controlled. For instance, did your landlord ever charge you a late fee? This could be illegal, and would then be an off-set to what the notice says you owe. If the notice does not state the EXACT amount you owe the landlord, then the landlord will lose the unlawful detainer action. Did your landlord serve you with a certificate...

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  6. How do i report my landlord for an unsafe home the he does not keep up with?

    Answered almost 5 years ago.

    1. Frances Miller Campbell
    2. Stephanie Farr White
    2 lawyer answers

    Dear tenant, The landlord is responsible to repair "all dilapidations" of the premises, including repairing leaks and exterminating rates. You are in Los Angeles. Therefore, put in a call to the Los Angeles Housing Department, at 866-557-RENT. Ask for a Code Enforcement Inspector to come out, and he (or she) will order your landlord to make the necessary repairs. Anyone not in L.A. proper but in L.A. County should call the Los Angeles County Health Department and report the conditions....

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  7. Does landlord have to fumigate ? Or is it tenant who pays to get rid of carpet beetles in California? Can we break lease?

    Answered about 1 year ago.

    1. Frances Miller Campbell
    2. Brandy Ann Peeples
    2 lawyer answers

    It is absolutely the landlord's duty to fumigate. Civil Code section 1941 requires a landlord to repair all dilapidations of the premises. ("Dilapidations" is a fancy way of saying "stuff that needs to be fixed.") Civil Code section 1941.1 breaks this down, and states specifically that a rental unit is "untenantable" (that is, "inappropriate for renting") unless it is "substantially free" of vermin (bugs) and rodents (mice, rats). What's in your lease has nothing to do with it. The...

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  8. What can i do about a leaking window sill my landlord still hasnt fixed?

    Answered over 1 year ago.

    1. Frances Miller Campbell
    2. Shawn Michael Haggerty
    3. James Louis Miller
    3 lawyer answers

    Please disregard the other attorney's answer... you do not call the housing authority. You call the Los Angeles Housing Department at 866-557-RENT and ask them to conduct a code enforcement inspection. They will come out and cite the landlord, ordering him to make a proper repair. They might find some other things that also need fixing. If you have mold, call the Los Angeles County Environmental Health Department, and ask for a code enforcement inspection. They will cite the landlord...

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  9. Hello. Is a landlord responsable for all costs incurred by a tenant having to move out for three days due to fumigation

    Answered almost 4 years ago.

    1. Frances Miller Campbell
    2. Clifford L. Tuttle Jr.
    2 lawyer answers

    Dear tenant, The landlord should be putting you up in similar accommodations and paying for a portion of your meals. Keep your receipts and then present them to the landlord for payment. If the landlord refuses to pay, take him or her to small claims court.

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  10. Landlord is trying to sell apt. complex that has issues,please advise

    Answered almost 4 years ago.

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

    If you want to make sure the landlord fixes problems, the best thing you can do is call the Los Angeles Housing Department at 866-557-RENT and ask for a code compliance inspection. They might tell you that the property is a single family house and not in their jurisdiction, because they don't know about the illegal units. If that's the case, call the Los Angeles Department of Building & Safety and ask for a code compliance inspection. They will probably order the landlord to restore the...

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