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Frances Miller Campbell

Frances Campbell’s Answers

1,121 total


  • Can a Section 8 Tenant Have an Emotional Support Animal?

    I am a participant of the Section 8 Housing Voucher Program. I have been deemed disabled and prescribed an emotional support animal by my therapist in order to mitigate the symptoms of my ptsd/anxiety disorder. I have been living in the same apart...

    Frances’s Answer

    The Fair Housing Act and FEHA apply to all tenancies. You can have an emotional support animal. The answer to the question about insurance is "yes."

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  • What is my legal risk if a tenant has a fear of mold?

    I had a tenant's unit looked at by my handyman when the tenant thought there may have been mold. Handyman concluded no mold and did repairs due to water damage. Tenant now complaining about leak found and assuming again that there may be mold, try...

    Frances’s Answer

    Your handyman's "conclusion" that there is no mold has no more value than your golf pro's conclusion that there is no mold. Only a certified industrial hygienist can "conclude" there is no mold. Like it or not, if there is a leak in your rental unit, you need to fix it promptly and make sure the problem doesn't recur, because if it does there WILL be mold in your rental unit, sooner or later. This is bad not only because you could be liable for the tenant's illness, but also because it means that your investment property is literally rotting away.

    Fix your property now. The tenant doesn't "suspect" there is a leak--there is a leak. Make the proper repairs and, by the way, hire a licensed contractor to do it correctly.

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  • how long do I have what rights do I have as a tenant what options do I have.. plz help

    im a stay at home dad My source of income recently passed away, his brother is in charge of his assets but lawyers are working on it and Ihe is waiting for a death certificate cause the bank told himits what he go to the bank and get money to s...

    Frances’s Answer

    This is an economic problem more than a legal problem. Your landlord has the right to demand rent by serving a three-day notice, and if he does you have to pay the rent within three days. If you did not pay, you should expect to receive a lawsuit. When you receive the lawsuit, you should hire an attorney who regularly defends evictions. The attorney may find a defense to the action so you can stay in your home. Or, the attorney may be able to negotiate to protect your renter's record and have you leave in exchange for a waiver of rent.

    It is important that you hire an attorney who knows how to do this, though. You need an attorney who regularly defends eviction actions. Good luck.

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  • Can i sue my landlord for evicting me for no reason?

    My landlord sent us a letter requesting us to stop selling drugs. We have never sold drugs or used drugs. Our house gets raided we have no drugs we don't associate with people that use drugs. My neighbor on the other hand has unusual traffic day a...

    Frances’s Answer

    Unfortunately, in Tulare, where there is no rent stabilization law, your landlord can evict you for any reason (except for an illegal reason--like race or religion) by serving 60-day notice. That sounds like what is going on here.

    If you landlord has told other people that you are "drug dealers," you can sue the landlord for defamation. However, if the letter was only sent to you, you have no case for defamation.

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  • Is there anything the 'responsible' tenant can do?

    There are 3 tenants on a apartment lease. Lease was broken early (paid 1 1/2 times the lease to get out of it). Landlord sent a bill for damages however bill was never received. The 3 tenants were sent to collections. One of the tenants is paying ...

    Frances’s Answer

    Ugh. Unfortunately, this is the problem with having roommates. I question what damage you did to the unit, but you don't bring that up, so I will assume in this answer that the landlord's demand for payment is legit. The "responsible tenant" will have to pay the bill and sue the other tenants for their shares of the bill.

    There is not enough information provided to let me know if the landlord legitimately sent this bill to collections, which really is a ding on your credit. You may want to consult with an attorney who does fair debt collections practices act work (Robert Brennan, La Crescenta) about this.

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  • Can you help me and my family

    My house has been under construction since Nov 2015 2weeks before Thanksgiving my kitchen and restroom gone now it's Jan 2016 and nothing still now we have no water to drink or shower or use the restroom I have lil ones 6 children its unsafely and...

    Frances’s Answer

    Before you call the City, I would place a call to the LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH. The County Health Department has jurisdiction over necessary repairs that immediately affect the health of the occupants. They will order your landlord to supply water immediately, and replace the floors promptly, and will prosecute your landlord criminally if he does not comply.

    Once this is sorted out, you should sue your landlord for the return of your rent during the time when your house was legally uninhabitable because you had no water. You would also be entitled to damages for emotional distress.

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  • What are winnable arguments in eviction court?

    I am going to court to fight an eviction, I have been allowed to pay late many times, and they never went to eviction, the owners don't want us to be evicted as there is a lot or repair required to re-rent the unit, I have the money to pay, and o...

    Frances’s Answer

    You are not going to like my answer, but here it is: You need an attorney, badly. In 2002 (in Los Angeles), a study was conducted on tenants who represent themselves in eviction actions, and it was found that 99% of them lost their cases. This probably was partly to do with the fact that non-lawyers do not understand the rules of evidence or trial advocacy, and partly to do with the fact that non-lawyers do not know how to identify and correctly assert their affirmative defenses

    You have defenses, but have you raised them in your answer? I don't know--I'm not looking at the Complaint, so I can't see all the issues, and I can't see your answer. You could have a great defense because the 3-day notice is incorrect in some respect, for instance. You have a defense because you have paid late fees in the past, and the late fees are probably impermissible penalties that should be credited to your rental account. You may have a habitability defense, but not based on something that happened 6 months ago--that won't fly. Also, the argument that the landlord allowed you to pay late many times, and therefore waived his right to demand on-time payments, is a losing argument. I've heard the theory but in 10 years of defending unlawful detainer actions I have never seen it asserted in trial.

    On the day of trial, the landlord will be represented by an attorney. He or she will offer to settle with you. You should accept the offer to settle. Ask for 30 days to move and for the landlord to waive back rent. Make sure the settlement is a DISMISSAL, not a JUDGMENT, because you don't want this on your renter's record. (Unless in this jurisdiction the court will seal the record--I have no idea if they do that in Upland.)

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  • How can I legally evict tenants who have not signed the lease, but are stated in the lease?

    I am the leaseholder of a 1 year lease, started july 29th, 2015. The other 4 tenants are on the lease but have not signed it. They have been contributing to a really uncomfortable living situation and have been lying to me. One of them does not ha...

    Frances’s Answer

    You can't evict them, but you can sue them in small claims court for the money they owe you. That might make them uncomfortable enough to move out.

    On the other hand, if they want YOU to leave, as long as they enter into a new lease with the landlord, this might be a great opportunity for you to move on without them.

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  • What could i do to stop landlord from his illegal advances

    Given 3 day notice to quit before rent was due. Harassment and verbal threats by landlord, water was turned off, landlord in my home, what do i do and who do i call for help cause my life is being threatened

    Frances’s Answer

    If your life is being threatened where you live, you should move--end of story. You should call the police to arrest the person threatening your life so he or she can be arrested and prosecuted.

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  • What are our rights as tenants in this case?

    Hi, My family rents an apartment in Glendale, CA. The apartment is on the 2nd floor. Saturday early in the morning while playing in the living room my kids were horrified to see two unfamiliar subjects jump on our balcony, start moving our furnit...

    Frances’s Answer

    Why did you not call the police? That's a crime.

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