After termination of a commercial lease, the lessee did not move out, as the lease required, but continued to send the landlord the same monthly rent as had been due under the lease. Held, under Civ. Code 1945, the landlord’s acceptance and deposit of the post-termination rent checks is presumed to evidence an agreement to renew the lease on a month-to-month tenancy, if rent is due monthly, on the same terms as the preceding written lease. By accepting, depositing and not refunding four of the tenant’s rent checks post-termination, the landlord is presumed to have renewed the lease under section 1945. None of the landlord’s contrary arguments sufficed to overcome that presumption.