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Frances Miller Campbell

Frances Campbell’s Answers

1,060 total


  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • Is it legal for a property manger to ask for rent back when they returned it?

    i was served a 60 day notice to move out of my apt on Jan 16th. that gave me until march 17th to move . i paid the entire amount of $1150 march 1st and $500 was returned as an over payment . the reason i was served was for noise complaints and the...

    Frances’s Answer

    It's neither morally wrong nor illegal. If you are living there, you have to pay rent--end of story. Sounds like you don't have to move, and they've forgiven the noise complaints.

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  • Can landlord sue tenant for secretly recording confidential conversation to use in court?

    Secretly recorded conversations.

    Frances’s Answer

    Probably not. First of all, what do you mean by "secret"? Was anyone else there when this recording was made? If there was a 3rd person listening to the conversation, the conversation was not secret and there is nothing wrong with recording an "un-secret" conversation for any purpose. If the tenant recorded a truly secret conversation--just you and him in the room--or just you and him on the phone and you know that no one was on speaker--then the Court probably will not allow it to be used as evidence.

    Can you sue? Maybe, but what are your damages? You can't sue for just any made-up amount--you have to prove you were injured. And "he used my words against me in court" is not an injury. If this was truly a secret conversation between two people, and you were recorded without your consent, the tenant could be CRIMINALLY prosecuted, however. Does that help?

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  • Appealing an eviction on record?

    Served with unlawful detainer bc rent was 17 days past due and I had called health dept on roach infest in complex. Gave LL my check for that mo and the next mo. Checks mailed back to me. Filed my answer. Moved out b4 court date. Clerk set another...

    Frances’s Answer

    Oh dear, oh dear. In Los Angeles, there are SO MANY resources for tenants who are served with eviction lawsuits, and you should have hired a lawyer. They are easily found through the "Googleing" process.

    You made 100 mistakes in this case, and now, yes, you have an eviction on your record. You have an eviction on your record right now. You can't "appeal the eviction on your record." You can only appeal from a Judgment if you can show that the Court made a legal error at the trial. Unless you had a court reporter at the trial, you can't show that the Court made an error. An appeal will not remove the record of eviction anyway.

    Also sounds like the eviction case turned into an action for breach of contract (although it will still look like an eviction to anyone who looks up the case online).

    Is there a way to deal with this now? Maybe, but you will need the help of an attorney who understands unlawful detainer law. And it will cost you.

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  • Tenant gave 30-days notice mid-month. How much rent is due on the 1st?

    Tenant gave me 30 days notice on March 15th. Rent is month to month, due on the first of each month. On April 1st, can the tenant pay just 15 day's rent, or do they pay the entire rent, and if they have in fact moved on the 15th, then the last hal...

    Frances’s Answer

    The tenant only has to pay rent for the time he will be there--that is, until the 15th. If you collect a full month's rent on April 1, then you've reinstated the tenancy by collecting rent for a period of the time after the notice expired, and the tenant can stay on indefinitely.

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  • Lodger agreed to be out by the 31st via text, but 30 days notice wasnt given.

    We told our single lodger on the 16th to be out by 5 p.m. on the 31st, which he agreed to over text. After doing some research we learned that since his rent was month to month, we should have given him 30 days notice. He has been in our house for...

    Frances’s Answer

    You can't legally remove him from the property. You can't do it even if you served him with a 30 day notice. After proper service of a proper 30 day notice, assuming all other elements required by the law are met, then you can call the police and the POLICE will (or will not) remove him. But if you lock him out on your own under any circumstances, you're breaking the law.

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