Landlord accepts rent payment after 60 day notice

[TigerD]

The case you cited here is over 64 years old! I'm pretty sure things have changed since then!

Really, stop. You are embarrassing yourself.

TD

 

[STEPHAN]

I'm pretty sure things have changed since then!

Give advice on facts, not what you think.

 

[justalayman]

I researched California 'Landlord/Tenant Basics' which is quite an extensive explanation on California Landlord/Tenant Law! http://www.courts.ca.gov/partners/documents;lthandouts.pdf

If you scroll down a ways you will see "Defenses to Eviction" and it describes one of the defenses one would have if the LL accepted rent beyond expiration of the 30/60 day notice.

Based on the above, I'm quite sure the OP would prevail in court if the LL tried to evict him after accepting rent that covered a period of time AFTER the 60 day notice to vacate expired!

2 things:

Can you correct the url? The address is no good and I would like to read what you are citing and


Old law is good law until new law replaces it. There are still cases older than the one cited still considered to be good law. . I would guess there some nearly as old as the involved court for issues that have gone unchanged.

 

[quincy]

First, this is a year old thread that was for some reason revived and I am not sure that Nellibelle is around any more to provide a corrected URL.

Here, however, is a link to the California Supreme Court case cited earlier by Ohiogal:

http://scocal.stanford.edu/opinion/lindenberg-v-macdonald-29421

And here is a link to California's landlord book on terminations, where you can read about 30-60 day notices:

http://www.dca.ca.gov/publications/landlordbook/terminations.shtml