California Civil Code 1997.260 – If a restriction on use of leased property by a tenant requires the …
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. Applicable as prescribed by Section 1997.270.)
Terms Used In California Civil Code 1997.260
- Landlord: includes a tenant who is a sublandlord under a sublease. See California Civil Code 1997.020
- property: includes property real and personal. See California Civil Code 14
- 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
