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If landlord accepts payment after 60 day notice was given does that void notice?

Fresno, CA |

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Attorney Answers 2

Posted

If the landlord serves a 60 day notice to terminate, the tenant owes rent covering the 60 day period (as well as any rent owed covering the period prior to service of the 60 day notice). If the tenant accepts rent to cover rent for the period after the 60 day period, the acceptance of rent creates a new month-to-month tenancy, which voids the 60 day notice.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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2 comments

James Carl Eschen III

James Carl Eschen III

Posted

Mr. Chen meant to begin his second sentence, "If the landlord accepts rent . . .." Other than that, he is correct.

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

Thank you for the correction. Mr. Eschen is right.

Posted

yes ... and if they still pursue a ud after accepting rent, that is a defense in the answer form

Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!

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