New tenancy is not created where landlord refused to cash rent checks and told tenant to vacate property pursuant to previous settlement agreement. Margaret Sue Kaufman v. RobinGoldman, (No. A127971 California Courts of Appeal, First AppellateDistrict, Division One, May 18, 2011)
This case stands for the proposition that if alandlord in a residential landlord-tenant action does not accept post-lease termination rental checks, then the landlord is not assumed to have renewed and/or entered into a new tenancy. In this matter, a tenant who entered into a lease for an apartment with the landlord claimed that the landlord had accepted rent from her after a three day notice to pay rent or quit/termination of the lease agreement. The court concluded that the landlord never accepted the post-termination date rental checks and thus no new tenancy was created.
Adjmediator's Blog 