2009 California Civil Code - Section 1995.300-1995.340 :: Article 3. Breach And Remedies

CIVIL CODE
SECTION 1995.300-1995.340

1995.300.  A remedy provided by law for violation of the rights of
the tenant or of the landlord concerning transfer of a tenant's
interest in a lease, including a remedy provided in this article, is
(a) subject to an express provision in the lease that affects the
remedy and (b) subject to any applicable defense, whether legal or
equitable, including, but not limited to, waiver and estoppel.

1995.310.  If a restriction on transfer of a tenant's interest in a
lease requires the landlord's consent for transfer subject to an
express or implied standard that the landlord's consent may not be
unreasonably withheld, and the landlord unreasonably withholds
consent to a transfer in violation of the tenant's rights under the
lease, in addition to any other remedies provided by law for breach
of a lease, the tenant has all the remedies provided for breach of
contract, including, but not limited to, either or both of the
following:
   (a) The right to contract damages caused by the landlord's breach.
   (b) The right to terminate the lease.

1995.320.  If a tenant transfers the tenant's interest in a lease in
violation of a restriction on transfer of the tenant's interest in
the lease, in addition to any other remedies provided by law for
breach of a lease, the landlord has all the remedies provided for
breach of contract, including, but not limited to, either or both of
the following:
   (a) The right to contract damages caused by the tenant's breach.
   (b) The right to terminate the lease.

1995.330.  (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.

1995.340.  (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:
   (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.


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