Landlord Accepted Rent Check After Notice To Vacate, Such That A Month-To-Month Tenancy Was Reinstated.
In Baca v. Kuang, Case No. A171071 (1st Dist., Div. 5 Jan. 13, 2025) (partially published; fee discussion unpublished), defendant tenant appealed from an unlawful detainer judgment, consisting of $51,560 in contractual attorney’s fees and $24,000 in holdover rent. Tenant was wise to appeal, because 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 went POOF! on appeal.