Woodman Partners v. Sofa U Love

Summary

Subsequent to the expiration of a three-day notice to pay rent or quit, appellants, commercial tenants Sofa U Love and Ercicona Corporation, submitted a partial rent payment to respondent Woodman Partners, their landlord. Respondent accepted the payment and sent a letter within two days of receipt, informing appellants that it intended to proceed with the unlawful detainer action which it had already filed. The trial court rejected appellants’ contention that by accepting the partial payment, respondent had waived the unlawful detainer action because it had failed to provide notice, as required under Code of Civil Procedure section 1161.1, subdivision (c), that acceptance of the rent payment would not constitute a waiver of any of respondent’s rights, including its right to recover possession of the property. After a court trial, judgment was entered in favor of landlord.

We conclude that section 1161.1 required notice to appellants, prior to acceptance of the partial rent payment, that acceptance would not constitute a waiver of rights, and that this requirement was not satisfied by the subsequently mailed letter. But because the notice requirement was…