Baca

Discussion.

1 continued possession based on the terms of their lease. In reaching this holding, the court concluded that Civil Code section 1945—which establishes a presumption of renewal whenever a landlord accepts rent from a tenant after the expiration of a lease—did not apply. 1 Applying de novo review, we find that section 1945 does apply because Baca accepted rent from Kuang multiple times after his lease had expired. We further find that, in light of this presumption, Baca consented to a month-to-month tenancy based on the undisputed facts and the terms of the lease. We therefore reverse.

I. BACKGROUND

In January 2014, Baca’s predecessor and Kuang entered into a one-year commercial lease agreement (lease or agreement) for premises located in Fremont, California (premises). Baca’s company prepared the agreement— which required that Kuang pay a monthly rent of $1,805 and a monthly CAM charge of $145. The agreement also contained several provisions addressing what could happen if Kuang remained in possession of the premises after the lease terminated. Under paragraph 26, titled “Holding Over,” “If Lessee, with Lessor’s consent, remains in possession of the Premises or any…