Facts: A commercial landlord and tenant enter into a lease agreement with a provision calling for the landlord’s consent to any month-to-month tenancy on expiration of the term. The lease expires and the tenant continues to pay rent which the landlord accepts. The landlord files an unlawful detainer (UD) action to recover possession from the tenant then continues to accept monthly rent payments from the tenant.
Claim: The tenant claims the lease was renewed on a month-to-month basis since the landlord accepted monthly rent payments after the lease term expired.
Counterclaim: The landlord claims they may accept rent without creating a month-to-month tenancy since they did not consent to the month-to-month tenancy as required by the lease as they filed a UD action to regain possession.
Holding: A California appeals court holds the landlord may not maintain a UD action against a holdover tenant after accepting monthly rent payments since accepting monthly rent after expiration of the lease term constitutes a month-to-month tenancy by conduct. [Baca v. Kuang (2025) 328 CA3rd 854]
Related Video
The Holdover Tenancy
Related Reading
Property Management Chapter 30 Notices to vacate
Related Form
RPI Form 571 30-Day Notice to Vacate — From Commercial Landlord
