California Court of Appeal

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Foster v. Britton, 139892

Civil Code section 827, which provides that a landlord may change the terms of a month-to-month lease after giving 30 days' notice and that the new terms become part of the lease if the tenant continues to hold the premises after the notice takes effect, does not preempt Rule 12.20 of San Francisco's Rent Control Ordinance, which states that a tenant may not be evicted for violating an obligation that was not included in the tenant’s original rental agreement unless the change is authorized by San Francisco's rent control ordinance, is required by law, or is accepted by the tenant in writing.

Appellate Information

  • Decided
  • Published 2015/12/01




  • California Court of Appeal