(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 a prior transfer.

(b) Subdivision (a) does not apply if either of the following conditions is satisfied:

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Terms Used In California Civil Code 1995.340

  • 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

(1) The lease provides expressly that the restriction on transfer is limited to the original tenant.

(2) The landlord states expressly in writing that the consent or waiver applies to a subsequent transfer.

(Added by Stats. 1991, Ch. 67, Sec. 2.)

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