§4.05 Waiver of Notice to Quit

If the landlord waived, changed, or canceled a notice to quit, the tenant has an affirmative defense to a subsequent UD action. For example, if the landlord accepts a partial payment of back rent after serving the tenant with a 3-day notice to quit, he or she may have waived the original notice. [See EDC Assoc. Ltd. v Gutierrez (1984) 153 CA3d 167, 170.] In a case involving a 30- or 60-day notice, notice is waived only if the landlord accepts rent for a period that falls after the expiration of the notice period. Whether a waiver of notice occurred is a factual issue.

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