Daily Archives: May 25, 2009

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. […]