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Frances Miller Campbell

Frances Campbell’s Answers

1,136 total


  • If he pushes this issue to the point where they start to evict will my tenant history or credit be effected by this?

    My boyfriend and I are splitting. I gave notice to leave my place but my boyfriend, who has lived with me for 6 years but is NOT on the lease wants to stay. He does not want to do his own lease. He wants to keep the rate I/ we have been paying....

    Frances’s Answer

    Couple of issues, assuming this is a rent-stabilized tenancy:

    First, if your boyfriend has lived in the place for 6 years, he is a tenant as defined by the Los Angeles Rent Stabilization Ordinance (LAMC 151.02). The landlord cannot raise the rent if he decides to stay in the apartment, and they cannot evict him for not being on the lease.

    However, the landlord can ask him to sign a new lease, and can evict him if he does not sign a new lease, BUT the lease must have the same material (important) terms as your current lease, e.g., the rent must be the same rent that it is now; if you were allowed to have pets, he is allowed to have pets, etc.

    So, he should stay and start paying rent. He should sign a new lease. If the management company tries to get him to sign a lease to rent at market rate, then he should call the Housing Department (HCIDLA) at 866-557-RENT and ask to speak to an investigator, who will send a letter to the management company and tell them they cannot raise the rent.

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  • Not extending lease and they would need to vacate?

    I have a property in los angeles, rent controlled. Can I have a lease setup where, at the end they can either sign up again or if I don't want to lease to them again they would have to leave?

    Frances’s Answer

    Absolutely not. You cannot "contract around" the law. You can only evict your tenants for good cause,

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  • Rights

    is this right this is how the system works me and my sister are homeless after three months behind on the rent mite write to the attroney genarel this is the shocker only papers we got was 5 notices to vanant ; then this so call attroney we pay 5...

    Frances’s Answer

    I am worried about any "attorney" you hired to "postpone" an eviction. Real attorneys don't take your money to "postpone" evictions. On the other hand, there are a lot of paralegal services who advertise that they delay or postpone evictions, and they are hurting people all over town. I think you hired a paralegal because you said the Judge wouldn't talk to "you," which means that you probably tried to represent yourself with the help of a paralegal. If so, turn the paralegal in to the California State Bar--they can prosecute him or her for the unlicensed practice of law.

    If the only paper you received was a 5-day notice to vacate, then something went terribly wrong. You should have been served with the lawsuit, and even before that you should have received a letter from the court telling you that a lawsuit had been filed. Could your landlord have stolen your mail? If that is, so, the problem is not with the system, but with your criminal landlord.

    I am sorry this happened to you. If in the future you EVER receive a lawsuit of ANY type, make sure you retain a qualified attorney to help you.

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  • How much $$ in relocation costs do I need to pay tenants who lived in unit over 3 yrs. if I give them 60 day notice for no cause

    We need to leglize unit, and the tenants we have pay not rent for 3 years now due to problems with LADBS plans, permits etc. It is cheaper to pay them to go. Do we have to pay them the full amount or how is this determined and can we sue them late...

    Frances’s Answer

    Whoa. Hold your horses. You cannot just decide to pay your tenants relocation fees to make them move out. If your building is rent-stabilized (built before October 1, 1978 and more than one unit), you CANNOT evict the tenants on a 60-day no-cause notice. You can only evict them for one of the 14 reasons stated in the Los Angeles Rent Stabilization Ordinance, which we lawyers call "LARSO." One of the permissible reasons for eviction is if a government agency has ORDERED you to evict the tenants so that their units can be legally removed. In that case, you have to pay relocation fees, which are set by the Housing and Community Investment Department of the City of Los Angeles (HCIDLA), and depend on how long the tenants have been in the units, their age, income and whether they have children.

    Also, if the tenants' units are illegal, then they owe you no money for rent.

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  • What can I do about this, I've contacted the water company and there's no way for them to separate out usage.

    My landlord has breach a contract. I'm under a 2 year lease (this my last year under lease) Prior to signing this agreement, my realtor informed me that landlord pays for water and garbage. I live in a 4plex unit, there's only 1 water meter. A 3...

    Frances’s Answer

    This new practice of having third parties bill the tenants for utilities is catching fire. But the answer to your question depends on what it says in your lease about who pays the utilities--it really doesn't matter if your realtor told you something if that is not in the agreement between you and your landlord.

    Also, since you are in Los Angeles, if your 4-plex was built before October 1, 1978, your unit is rent-stabilized. If so, then the landlord's new practice of sending you a bill for water is a reduction in housing services, constituting an illegal rent increase. Contact the Los Angeles Housing Department at 866-557-RENT to confirm that your unit is rent controlled. If so, speak to an investigator. The investigator will inform the landlord that the landlord cannot just start charging you for utilities without reducing your rent by the amount of the utilities charges.

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  • 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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