2011 California Code
Civil Code
DIVISION 3. OBLIGATIONS [1427 - 3272.9]
ARTICLE 2. Use Restrictions
Section 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.
(Added by Stats. 1991, Ch. 67, Sec. 3. Applicable as prescribed by Section 1997.270.)
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