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When Accepting Rent Can Undermine a Commercial Eviction
A recent California appellate decision Baca v. Kuang (2025) 107 Cal.App.5th 1292 reminds commercial landlords and property managers that what you do after you serve a lease termination notice can have costly consequences to an eviction case. In this case, a commercial landlord served a valid thirty-day notice to terminate the tenant's month-to-month lease. However, after the notice expired but before filing the eviction action, the landlord invoiced and accepted rent payments from the tenant. The court held that by invoicing and accepting rent following the thirty-day termination period, the landlord had effectively reinstated the month-to-month tenancy. Because the tenant reasonably understood that the lease had continued, the landlord's unlawful detainer action failed.
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