TOP-09 — Partial Acceptance of Rent (Dishwasher Evidence)

Executive Summary

The tenant purchased and installed a new dishwasher, adding $350 out-of-pocket beyond rent, with the owner acknowledging receipt and benefit of the installation. Under California law, acceptance of any lease-related benefit constitutes acceptance of rent, voiding the “non-payment” eviction ground.

Legal Significance

• Civil Code §1943: Acceptance of benefits = acceptance of lease.
• Contractual Estoppel: Owner cannot accept improvements while claiming tenancy is invalid.
• Retaliatory Motive: Owner accepted upgrade, then filed eviction immediately after.

Why This Matters at Trial

This exhibit proves the owner was benefiting from the Year-3 lease at the exact time he claimed “no lease existed.” It is direct evidence of a knowingly false narrative used to justify eviction.