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Frances Miller Campbell

Frances Campbell’s Answers

1,055 total


  • As a defendant in an "Unlawful Detainer" complaint, do I have any authority to request for a dismissal?

    I was served a summons 2 days ago and have filed an answer to the complaint within the 5 day period. I will be moving out of the property in less than 24 hours & I will return my key to the landlord. Do I need to provide a written statement to the...

    Frances’s Answer

    This is tricky. Of course, you can always ASK the landlord to dismiss the case, but you cannot compel the dismissal of the case unless there is something wrong with the case, and then you would have to bring a motion in court.

    When you move out after an eviction action has been filed, the eviction action becomes a "breach of contract" action for damages (rent). You need to inform the Court that you are no longer "in possession." However, if the landlord does not dismiss, you need to hire a lawyer before 60 days pass to attempt to dismiss the case or negotiate a settlement that involves a dismissal by the landlord.

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  • Can my landlord whom I lived with, lock me out and move my property without going to court?

    Live with landlord who was in process of selling house. At work her boyfriend calls and informs me that I'm evicted and if I want all my property back, I need to pay $3500. Go home and I'm locked out. Boyfriend starts threatening me. They call...

    Frances’s Answer

    Absolutely not. That's called stealing. California prohibits these types of self-help evictions.

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  • Can Claim or issue preclusion be applied in a unlawful detainer of a multifamily building?

    I am in charge of managing a small bank's foreclosed properties. I also earn a living by selling these properties after I repair them. We have a problem with a former mortgagee. The bank foreclosed on his two family home and later exercised an unl...

    Frances’s Answer

    It's not "res judicata" (the "thing has been adjudicated") if it's a different unit. However, if what you mean is that the landlord moved into the guest house--another building on the same property--then, indeed, the thing has been adjudicated and the tenant is now just squatting in the unit, and can be removed as a trespasser.

    Something about this question does not make sense. Maybe you need to find a different lawyer.

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  • Differences between Landlord & Agent

    For the vast majority of my lease, I've worked with the management company and not the landlord/owner. Suddenly, at the end of this year's lease... the landlord/owner is showing up without notice and making demands and claims that I am maliciously...

    Frances’s Answer

    You can try calling the management company, but I would bet that they've been fired. You raise a lot of issues, but Perris does not have rent stabilization, so, at the end of your lease term, your landlord can raise your rent to $1,000,000 per month if he wants to. Sounds to me like the landlord is just a lunatic, and it's time to find a new place.

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  • Can landlord increase rent twice? Question about "additional" tenant and original lease.

    I moved into a two bedroom apartment in June 2014. My roommate had already been living there. I was added to the lease when it was renewed (as it was annually) in August 2014. Since the lease was being renewed Aug 1, the landlord also increased th...

    Frances’s Answer

    That would be an illegal rent increase under LARSO. I know what they're TRYING to do--they're trying to capture the 10% surcharge for an additional tenant. However, they already have YOU on the lease--YOU!--at a certain rental amount, so they can't now say you're an additional tenant. You were the same tenant you were when you signed the lease. A 7% rent increase would be an illegal rent increase.

    Call the Los Angeles Housing and Community Investment Department (HCIDLA) and speak to an investigator. (866) 557-RENT. Perhaps the investigator will write an advisory letter to your landlord and set him or her straight.

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  • Under the RSO, can I charge my tenants for water and sewer in a triplex?

    And, can I add water and sewer when a tenant signs a new lease after their old one expires?

    Frances’s Answer

    No. Under the Rent Stabilization Ordinance, this would be a material change in the terms of tenancy, which you cannot require.

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  • Can new landlord take away private backyard?

    Our duplex apartment is covered by LARSO. There is no mention of the backyard in the lease but there is no other access to it other than our backdoor and a gate that locks from inside. The building sold and the new landlord wants to remove the g...

    Frances’s Answer

    LAHD is incorrect. Your exclusive use of the yard is a "housing service" as defined by the Rent Stabilization Ordinance (see Los Angeles Municipal Code 151.02) that cannot be taken away WITHOUT REDUCING YOUR RENT. The fact that you have always had this area exclusively is the determining factor--not if it was in your lease or not. After all, many people have oral rental agreements where NOTHING is written down. Now, let me be clear--the landlord may take away "housing services" so long as he or she also reduces your rent. You should call the Housing Department again and ask to speak with someone about filing an administrative action for reduction in services/reduction in rent.

    Try the Housing Department against--speak to a different investigator and frame the issue as a reduction in services. You may get a different answer.

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  • AN EMPLOYEE FROM THE BEST WESTERN HOTEL JUST MOVED IN WITH ME AND SHE BROUGHT BED BUGS INTO MY HOME..

    I WANT THE HOTEL TO PAY TO FUMIGATE MY HOUSE.. THE EMPLOYEE ALSO TOLD ME THAT OTHER EMPLOYEE'S AND GUEST HAVE COMPLAIN ABOUT THE BED BUGS THERE..ALL I WANT IS FOR THEM TO PAY TO FUMIGATE MY HOUSE AND GET RID OF THE BED BUGS..THE FUME CO IS CHARGIN...

    Frances’s Answer

    I think that the Best Western hotel may be on the hook for this. Try suing the hotel in small claims court. The argument goes like this (1) the Best Western knew about the bedbugs, and had a duty to exterminate them; (2) the Best Western breached its duty to exterminate; (3) the Best Western knew that if it did not exterminate that there was a (good) chance that their employees would take bedbugs home with them; (4) the Best Western's breach of its duty caused its employee to infest your house; (5) you were damaged --you had to pay $1,800.00. I think there is a good chance you will get some relief in small claims court.

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  • Is there a law in CA that once someone invites a guest into their home (a relative) they cannot force them to leave?

    An acquaintance of mine was invited to live in the home of her son and his girlfriend, she moved 500 miles to do this. A situation occurred with the guest, that did not involve them, and they decided they didn't want to allow her to stay. They t...

    Frances’s Answer

    They were supposed to give her a 30-day notice. However, now that they've locked her out, she doesn't have much recourse. She can sue them for damages--that's it.

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  • Can a landlord prevent guests and/or kick you out for them?

    Pretty much I know my landlord doesn't like me having people over but once in awhile I do. Last night for instance. No my lease doesn't say no guests allowed. It says its rented to jist 1 person me. But like aaid... had friend drive me home last n...

    Frances’s Answer

    That's totally Illegal. It's straight-up unconstitutional. You have the right to have guests at your home. That's right, I said, YOUR home. A tenancy comes with a little bundle of rights, one of which is the right to exclude the landlord from the premises. That means not only is your landlord not allowed to just come over and hang out anytime she wants to, it also means you don't have to run it by the landlord every time you invite a buddy over to watch the game. It's YOUR place.

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