Skip to main content
Frances Miller Campbell

Frances Campbell’s Answers

1,055 total


  • What is the Statue of Limitations on Landlord Retaliation and/or bad faith, and breach of contract?

    I rent the space for my mobile home. My landlord has raised my rent before the notice said it would be raised. I have lived here two years and had taken him to court and won in Sept 2014. After I won he tore up the yard and left it an unsafe mess....

    Frances’s Answer

    The time limit to file an action for retaliatory eviction or threat of eviction is 3 years; the time limit for filing an action based on breach of written contract is four years (oral contract-two years). I don't know what you mean by "bad faith," so I can't answer that one.

    See question 
  • I have lived in a house for over 10 plus years now the owner wants me to sign a lease is that legal?

    I have made several request thru out the years for repairs and they have only redone a restroom and a roof. I believe the owner will raise the rent due to repairing the roof.

    Frances’s Answer

    It is completely and totally legal for the landlord to ask you to sign a lease. Also, because the place where you live is not rent-stablized, it is completely and totally legal for the landlord to raise the rent due to repairing the roof.

    See question 
  • Is it illegal for credit report agencies or tenant service to report a UD after 60 days IF default judmt revsd and def prevails

    doesn't fee waiver require case to be sealed and otherwise would request to seal and not report be suffice in protecting credit? better option to stipulate jud not be filed and condition for plantif to dismiss case and seal?

    Frances’s Answer

    Credit reporting agencies and landlord blacklisting services can report anything they want, so long as the information they publish is true. Most unlawful detainer actions are semi-confidential for 60 days--that is, the information about the cases will not be found online. This regulation, which is stated at C.C.P 1161.2, regulates what the court clerk's office can do, not what credit reporting agencies can do.

    See question 
  • Do I need to file an unlawful detainer?

    I am a disabled senior giving a live-in caregiver free room plus small weekly salary in exchange for help. She now refuses to leave, even though she's been fired and is still storing stuff in room. What to do?

    Frances’s Answer

    You are unfortunately going to have to hire an eviction lawyer to handle this situation--I would not be comfortable with you attempting to do this on your own. One small mistake in an eviction case, and your "roommate" will be with you for a couple of extra months, and that does not sound like a healthy plan.

    See question 
  • Landlord /Tenant question

    I am renting a room in a condo. I have always paid the rent a week or so early or on the first of the month. I am cleaner than the person I live with (she's a mess and I can't even use the kitchen to cook or any room besides the bathroom) the one ...

    Frances’s Answer

    It's considered rude; it's considered annoying. But it isn't considered harassment, legally. We use the word "harassment" in a variety of ways, but in the law it means something specific. What you are describing is a roommate with dubious ethics and a bad personality. The best way to deal with the situation is to find yourself a new situation--move.

    See question 
  • Can my landlord enter house anytime if there is no rental agreement?

    I live on the property of an elderly man, in a back house. I have lived here for 14 months. Our rental agreement is verbal, and my rent is in exchange for work. A few weeks ago, he said he would need access to the house I'm in, only for the reason...

    Frances’s Answer

    I don't know why tenants are confused about this. The answer is NO!. The landlord has no right to enter your house, sit on your couch, eat your Cheetos, and watch the game. It doesn't matter that he owns the property--YOU own it while you're renting it. It doesn't matter that your rental agreement is oral rather than written.

    The landlord CAN enter for certain legal reasons after given proper 24 hours written notice (to make NECESSARY or AGREED repairs, for instance), but he can't come in to "inspect" or just because he's curious.

    See question 
  • We are like 20 office tenants. My neighbor set the whole building on fire because a candle. Can we sue the landlord?

    Some us we don't have lease, some still owe money to the landlord, large group like us will have the possibility to win?

    Frances’s Answer

    You can sue the candle-burning neighbor for sure, because he or she was negligent in not watching it or making sure it was in a safe place. Can you sue the landlord? Maybe, but you have to have a theory about what the landlord did that was negligent. Did the landlord have smoke detectors and/or sprinklers installed? Should the landlord have taken these precautions? Why did the fire spread quickly, if it did? If it's because of something the landlord did, or didn't do, then, yes, you can sue the landlord.

    See question 
  • Does living with a relative for more than 6 months and paying rent without a contract qualify as a landlord/tenant relationship?

    Can a relative kick you out without a proper 30 day warning in this case? I Am in california by the way.

    Frances’s Answer

    Yes, living with a relative, for even a day or an hour, and paying rent, makes your relationship one of landlord and tenant. The fact that you are related to the landlord does not change the law. If you pay money to live in an apartment or house, or any other dwelling unit, you are a tenant. In fact, you may be a tenant even if you don't pay rent, if you are simply at the property with the owner's permission.

    See question 
  • I have rented a room in a home for almost 5 years,we suddenly got a verbal notice that the owner of the house is making it a

    sober house,now the owner is not here and we have a house manager,i have a month to month with owner,i just had rent increase 30 days prior to this happening,and now the house manager wants me to pay more rent,do i i have any rights at all.Also my...

    Frances’s Answer

    1. Verbal rent increase notices are ineffective, but:
    2. A LANDLORD CANNOT COLLECT RENT FOR AN ILLEGAL DWELLING UNIT--NONE!
    3. The landlord has to reasonably accommodate your son's disability and return the A/C unit to you.

    This sounds like a terrible living arrangement, however, and you should start thinking about moving for your own sanity.

    See question 
  • If your served with a 3 day notice in an RV park by it being taped to your door..do they have to mail a registered one to u also

    if so do they have to have proof of mailing?

    Frances’s Answer

    Listen, it doesn't matter. First, they do not have to mail you the notice by registered mail--they just have to mail it. But the most important thing is to pay your rent. You do not want to end up with an eviction lawsuit, particularly an eviction from a mobilehome park when it is so expensive to move your home.

    If you end up with an eviction lawsuit, PLEASE hire a lawyer to protect your mobilehome, so you don't end up walking away from it and "donating" it to the mobilehome park, which happens far too often.

    See question