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

Asked over 1 year ago - Fresno, CA

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Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Richard C Koman

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more

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