2009 California Civil Code - Section 1997.210-1997.270 :: Article 2. Use Restrictions

CIVIL CODE
SECTION 1997.210-1997.270

1997.210.  (a) Subject to the limitations in this chapter, a lease
may include a restriction on use of leased property by a tenant.
   (b) Unless the lease includes a restriction on use, a tenant's
rights under a lease include any reasonable use of leased property.

1997.220.  An ambiguity in a restriction on use of leased property
by a tenant shall be construed in favor of unrestricted use.

1997.230.  A restriction on use of leased property by a tenant may
absolutely prohibit a change in use.

1997.240.  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.

1997.250.  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:
   (a) The landlord's consent may not be unreasonably withheld.
   (b) The landlord's consent may be withheld subject to express
standards or conditions.

1997.260.  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.

1997.270.  (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.


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