A residential tenant became delinquent on his rent payment and the landlord served the tenant with a three-day notice to pay rent or quit. The tenant did neither by expiration of the three days and the landlord filed an unlawful detainer (UD) action to evict the tenant. Prior to the UD trial the tenant and landlord entered into a settlement in which the landlord agreed to dismiss the UD action and the tenant agreed to move out on a fixed date, waiving all rights to possession of the property under local rent control ordinances concerning the move-out date. The tenant continued to occupy the property after the move-out date. The tenant claimed the settlement agreement was void and he was entitled to remain in possession of the property since local rent control ordinances prohibited any waiver of a tenant’s rights to possession of the rented premises. The landlord claimed the waiver of rights provision in the settlement was enforceable since the tenant gave up his rights to possession when he and the landlord agreed to the settlement in lieu of going to trial to determine the right to possession. A California court of appeals held a residential landlord subject to local rent control ordinances may evict a tenant and recover possession of property based on a pre-trial settlement between the tenant and the landlord in which the tenant agrees to vacate on a future move-out date in lieu of going to trial since an agreement regarding a move-out date between a landlord and a tenant in settlement of a UD action is not subject to local rent control ordinances. [Kaufman. v. Goldman (2011) 195 CA4th 734]

Forms – 575 Three-Day Notice to Pay Rent or Quit – With Rent Related Fees