California Civil Code 1995.310 – If a restriction on transfer of a tenant’s interest in a lease …
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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 violation of the tenant’s rights under the lease, in addition to any other remedies provided by law for breach of a lease, the tenant has all the remedies provided for breach of contract, including, but not limited to, either or both of the following:
(a) The right to contract damages caused by the landlord’s breach.
Terms Used In California Civil Code 1995.310
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Landlord: includes a tenant who is a sublandlord under a sublease. See California Civil Code 1995.020
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease: means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease. See California Civil Code 1995.020
- Restriction on transfer: means a provision in a lease that restricts the right of transfer of the tenant's interest in the lease. See California Civil Code 1995.020
- Tenant: includes a subtenant or assignee. See California Civil Code 1995.020
(b) The right to terminate the lease.
(Added by Stats. 1991, Ch. 67, Sec. 2.)