California Civil Code 1995.330 – (a) An assignee who receives or makes a transfer in violation of …
(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 to a lessee apply to an assignee.
(b) The landlord‘s right to terminate a lease under Section 1995.320 includes the right to terminate a transfer without terminating the lease. If the landlord terminates a transfer without terminating the lease, the assignee or subtenant in possession is guilty of unlawful detainer and the landlord may obtain possession from the assignee or subtenant without terminating the right to possession of the tenant. For this purpose, the landlord may use the procedure provided in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, with the changes necessary to make the procedure applicable to this subdivision.
Terms Used In California Civil Code 1995.330
- 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
(Added by Stats. 1991, Ch. 67, Sec. 2.)