In the recent First District case of Baca v. Kuang, the defendant tenant appealed from an unlawful detainer judgment, consisting of $51,560 in contractual attorney’s fees and $24,000 in holdover rent. The Court of Appeal determined that landlords’ acceptance of rent invoked the Civil Code section 1945 presumption that a month-to-month tenancy had been created. The reversal of the entire judgment also meant that the fee component of the judgment was stricken.
If you are a landlord who gives a tenant Notice to Vacate, do not accept rent from the tenant. If you do the Court may find your Notice to Vacate to be invalid and that you have established a month-to-month tenancy. Contact your attorney before you give that Notice to Vacate to assure that it will be enforceable.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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