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Civil Code - CIV - CIV § 1993.04
Civil Code - CIV - CIV § 1993.04
(a) A notice given to the former tenant that is in substantially the following form satisfies the requirements of Section 1993.03: Notice of Right to Reclaim Abandoned Property To: (Name of former tenant) (Address of former tenant) When you vacated the premises at , (Address of p
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Civil Code - CIV - CIV § 1993.05
Civil Code - CIV - CIV § 1993.05
A notice in substantially the following form given to a person (other than the former tenant) the landlord reasonably believes to be the owner of personal property satisfies the requirements of Section 1993.03: Notice of Right to Reclaim Abandoned Property To: (Name of owner) (Ad
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Civil Code - CIV - CIV § 1993.06
Civil Code - CIV - CIV § 1993.06
The personal property described in the notice shall either be left on the vacated premises or be stored by the landlord in a place of safekeeping until the landlord either releases the property pursuant to Section 1987 or disposes of the property pursuant to Section 1993.07. The
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Civil Code - CIV - CIV § 1993.07
Civil Code - CIV - CIV § 1993.07
(a) (1) The property described in the notice that is not released pursuant to Section 1987 shall be sold at public sale by competitive bidding except that, if the landlord reasonably believes that the total resale value of the property is less than the threshold amount, the landl
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Civil Code - CIV - CIV § 1993.08
Civil Code - CIV - CIV § 1993.08
(a) Notwithstanding subdivision (c) of Section 1993.02, if the landlord releases to the former tenant property that remains on the premises after a tenancy is terminated, the landlord shall not be liable with respect to that property to any person. (b) If the landlord releases pr
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Civil Code - CIV - CIV § 1993.09
Civil Code - CIV - CIV § 1993.09
If a notice of belief of abandonment is given to a lessee pursuant to Section 1951.3, the notice to the former tenant given pursuant to Section 1993.03 may be given at the same time as the notice of belief of abandonment, even though the tenancy is not terminated until the end of
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Civil Code - CIV - CIV § 1995.010
Civil Code - CIV - CIV § 1995.010
This chapter applies to transfer of a tenant’s interest in a lease of real property for other than residential purposes.
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Civil Code - CIV - CIV § 1995.020
Civil Code - CIV - CIV § 1995.020
As used in this chapter: (a) “Landlord” includes a tenant who is a sublandlord under a sublease. (b) “Lease” means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease. (c) “Restriction on tran
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Civil Code - CIV - CIV § 1995.030
Civil Code - CIV - CIV § 1995.030
Except as provided in Section 1995.270, this chapter applies to a lease executed before, on, or after January 1, 1990.
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Civil Code - CIV - CIV § 1995.210
Civil Code - CIV - CIV § 1995.210
(a) Subject to the limitations in this chapter, a lease may include a restriction on transfer of the tenant’s interest in the lease. (b) Unless a lease includes a restriction on transfer, a tenant’s rights under the lease include unrestricted transfer of the tenant’s interest in
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Civil Code - CIV - CIV § 1995.220
Civil Code - CIV - CIV § 1995.220
An ambiguity in a restriction on transfer of a tenant’s interest in a lease shall be construed in favor of transferability.
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Civil Code - CIV - CIV § 1995.230
Civil Code - CIV - CIV § 1995.230
A restriction on transfer of a tenant’s interest in a lease may absolutely prohibit transfer.
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Civil Code - CIV - CIV § 1995.240
Civil Code - CIV - CIV § 1995.240
A restriction on transfer of a tenant’s interest in a lease may provide that the transfer is subject to any express standard or condition, including, but not limited to, a provision that the landlord is entitled to some or all of any consideration the tenant receives from a trans
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Civil Code - CIV - CIV § 1995.250
Civil Code - CIV - CIV § 1995.250
A restriction on transfer of a tenant’s interest in a lease may require the landlord’s consent for transfer subject to any express standard or condition for giving or withholding consent, including, but not limited to, either of the following: (a) The landlord’s consent may not b
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Civil Code - CIV - CIV § 1995.260
Civil Code - CIV - CIV § 1995.260
If a restriction on transfer of the tenant’s interest in a lease requires the landlord’s consent for transfer but provides no standard for giving or withholding consent, the restriction on transfer shall be construed to include an implied standard that the landlord’s consent may
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Civil Code - CIV - CIV § 1995.270
Civil Code - CIV - CIV § 1995.270
(a) The Legislature finds and declares: (1) It is the public policy of the state and fundamental to the commerce and economic development of the state to enable and facilitate freedom of contract by the parties to commercial real property leases. (2) The parties to commercial rea
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Civil Code - CIV - CIV § 1995.300
Civil Code - CIV - CIV § 1995.300
A remedy provided by law for violation of the rights of the tenant or of the landlord concerning transfer of a tenant’s interest in a lease, including a remedy provided in this article, is (a) subject to an express provision in the lease that affects the remedy and (b) subject to
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Civil Code - CIV - CIV § 1995.310
Civil Code - CIV - CIV § 1995.310
If a restriction on transfer of a tenant’s interest in a lease requires the landlord’s consent for transfer subject to an express or implied standard that the landlord’s consent may not be unreasonably withheld, and the landlord unreasonably withholds consent to a transfer in vio
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Civil Code - CIV - CIV § 1995.320
Civil Code - CIV - CIV § 1995.320
If a tenant transfers the tenant’s interest in a lease in violation of a restriction on transfer of the tenant’s interest in the lease, in addition to any other remedies provided by law for breach of a lease, the landlord has all the remedies provided for breach of contract, incl
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Civil Code - CIV - CIV § 1995.330
Civil Code - CIV - CIV § 1995.330
(a) An assignee who receives or makes a transfer in violation of a restriction on transfer of a tenant’s interest in a lease is jointly and severally liable with the tenant for contract damages under Section 1995.320. For this purpose, the provisions of Section 1951.2 applicable
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Civil Code - CIV - CIV § 1995.340
Civil Code - CIV - CIV § 1995.340
(a) Subject to subdivision (b), a restriction on transfer of a tenant’s interest in a lease applies to a subsequent transfer by a tenant, an assignee, or a subtenant notwithstanding the landlord’s consent to a prior transfer or the landlord’s waiver of a standard or condition for
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Civil Code - CIV - CIV § 1997.010
Civil Code - CIV - CIV § 1997.010
This chapter applies to a restriction on use of leased property by a tenant under a lease of real property for other than residential purposes.
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Civil Code - CIV - CIV § 1997.020
Civil Code - CIV - CIV § 1997.020
As used in this chapter: (a) “Landlord” includes a tenant who is a sublandlord under a sublease. (b) “Lease” means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease. (c) “Restriction on use”
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Civil Code - CIV - CIV § 1997.030
Civil Code - CIV - CIV § 1997.030
Nothing in this chapter authorizes a restriction on use that is otherwise prohibited by law.
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Civil Code - CIV - CIV § 1997.040
Civil Code - CIV - CIV § 1997.040
(a) For the purpose of subdivision (a) of Section 1951.2 (damages on termination for breach), the amount of rental loss that could be or could have been reasonably avoided is computed by taking into account any reasonable use of the leased property. However, if the lease contains