Added by Stats. 1991, Ch. 67, Sec. 3.
Article 2 - Use Restrictions
California Civil Code — §§ 1997.210-1997.270
Sections (7)
Added by Stats. 1991, Ch. 67, Sec. 3.
An ambiguity in a restriction on use of leased property by a tenant shall be construed in favor of unrestricted use.
Added by Stats. 1991, Ch. 67, Sec. 3.
A restriction on use of leased property by a tenant may absolutely prohibit a change in use.
Added by Stats. 1991, Ch. 67, Sec. 3.
A restriction on use of leased property by a tenant may provide that a change in use is subject to any express standard or condition.
Added by Stats. 1991, Ch. 67, Sec. 3.
A restriction on use of leased property by a tenant may require the landlord’s consent for a change in use subject to any express standard or condition for giving or withholding consent, including, but not limited to, either of the following:
Added by Stats. 1991, Ch. 67, Sec. 3. Applicable as prescribed by Section 1997.270.
If a restriction on use of leased property by a tenant requires the landlord’s consent for a change in use but provides no standard for giving or withholding consent, the restriction shall be construed to include an implied standard that the landlord’s consent may not be unreasonably withheld. Whether the landlord’s consent has been unreasonably withheld in a particular case is a question of fact on which the tenant has the burden of proof. The tenant may satisfy the burden of proof by showing that, in response to the tenant’s written request for a statement of reasons for withholding consent, the
landlord has failed, within a reasonable time, to state in writing a reasonable objection to the change in use.
Added by Stats. 1991, Ch. 67, Sec. 3.
is deemed to be executed on the date of execution of the option or other agreement.