Our law firm was not involved in the lawsuit described in this article. Yesterday the Court of Appeals ruled in favor of the tenant on an appeal from an eviction case and held that service of the notice to pay rent or vacate was improper. The landlord served only one copy of the notice to two tenants. Even though the tenants were a married couple and even though the husband handed the notice to the wife in the presence of the landlord the service of the notice was held invalid. It is important to note that it was undisputed that […]
eviction notice
12 posts
A recent published Court of Appeals unlawful detainer case ruled on the issue of whether a landlord may accept rent after service of a notice terminating a month to month tenancy. The court ruled that the landlord did not waive the notice to terminate tenancy. After having been served a notice to terminate their month to month tenancy the tenants sent money orders marked as “rent” to the landlord. The landlord’s attorney deposited the funds in his trust account and wrote a letter to the tenants informing them that the landlord still considered their continued occupation of the premises illegal. […]