California Civil Code 1997.270 – (a) Section 1997.260 applies to a restriction on use executed on …
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(a) Section 1997.260 applies to a restriction on use executed on or after January 1, 1992. If a restriction on use executed before January 1, 1992, requires the landlord‘s consent for a change in use of leased premises by a tenant, but provides no standard for giving or withholding consent, the landlord has sole and absolute discretion to give or withhold consent.
(b) For purposes of this section, if the terms of a restriction on change in use are fixed by an option or other agreement, the restriction on change in use is deemed to be executed on the date of execution of the option or other agreement.
Terms Used In California Civil Code 1997.270
- Landlord: includes a tenant who is a sublandlord under a sublease. See California Civil Code 1997.020
- Restriction on use: means a provision in a lease that restricts the use of leased property by a tenant, whether by limiting use to a specified purpose, mandating use for a specified purpose, prohibiting use for a specified purpose, limiting or prohibiting a change in use, or otherwise. See California Civil Code 1997.020
- Tenant: includes a subtenant or assignee. See California Civil Code 1997.020
(Added by Stats. 1991, Ch. 67, Sec. 3.)