The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance.
Article 1Construction
Section § 818
If you have a life estate, you can use the property like a full owner, but you can't do anything that would harm the property's future value or inheritance.
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Section § 819
If you rent property for a specific time or on a flexible basis, you can use the buildings, harvest crops, and work in existing mines and quarries during your rental period, as long as you're not overstaying illegally.
A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the buildings, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy.
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Section § 820
If you rent a place for a set time or indefinitely, your rights to the property come only from the rental agreement or lease you signed, or the previous section of the law.
A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired, or by the last section.
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Section § 821
If someone receives property where rent is owed or was transferred with rent, they have the same rights to collect that rent or address any lease violations as the original owner had.
A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for non-performance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had.
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Section § 822
If you rent out property, you have the same rights to take action against someone who took over the lease (the assignee) as you would against the original renter (lessee), but only if the issue started while they were in charge of the lease. This doesn't apply if the lease was transferred just as loan security and they don't have physical possession of the property.
Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises.
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Section § 823
This law says that if you rent property and your landlord breaks the lease agreement, you can take action not just against the landlord but also against anyone they transfer their rights to (their 'assigns'). Similarly, if you pass your lease rights to someone else, they can take action against the landlord or any new person who has the landlord's rights. However, this does not apply to disputes about who owns the property or issues with property debts.
Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against incumbrances or relating to the title or possession of the premises.
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Section § 824
If someone owes rent under a lease that lasts for a lifetime, the landlord can collect it the same way they would for a lease that lasts for a set number of years.
Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
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Section § 825
If someone's rent depends on the lifespan of a person, you can still claim that rent even after the person dies.
Rent dependent on the life of a person may be recovered after as well as before his death.
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Section § 826
If you own a property and someone damages it, you can sue them for that damage to the property's value, even if someone else is living there or if you've sold the property before starting the lawsuit.
A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.
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Section § 827
This law outlines how landlords can change lease terms or increase rent. For short-term leases (less than a month), landlords must provide written notice at least as long as the lease length; for month-to-month leases, a 30-day notice is required. If rent is increased by 10% or less, a 30-day notice is required; if more, a 90-day notice is needed. Affected commercial tenants, called 'qualified commercial tenants,' include small businesses like microenterprises and certain nonprofits. In some cases, different rules or longer notice periods may apply based on other laws or agreements.
(a)Copy CA Civil Law Code § 827(a)
(1)Copy CA Civil Law Code § 827(a)(1) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, change the terms of the lease to take effect, as to tenancies for less than one month, upon the expiration of a period at least as long as the term of the hiring itself, and, as to tenancies from month to month, to take effect at the expiration of not less than 30 days, but if that change takes effect within a rental term, the rent accruing from the first day of the term to the date of that change shall be computed at the rental rate obtained immediately prior to that change; provided, however,
that it shall be competent for the parties to provide by an agreement in writing that a notice changing the terms thereof may be given at any time not less than seven days before the expiration of a term, to be effective upon the expiration of the term.
(2)CA Civil Law Code § 827(a)(2) The notice, when served upon the tenant, shall in and of itself operate and be effectual to create and establish, as a part of the lease, the terms, rents, and conditions specified in the notice, if the tenant shall continue to hold the premises after the notice takes effect.
(b)Copy CA Civil Law Code § 827(b)
(1)Copy CA Civil Law Code § 827(b)(1) In all leases of a residential dwelling, commercial real property by a qualified commercial tenant, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as
follows, by either of the following procedures:
(A)CA Civil Law Code § 827(b)(1)(A) By delivering a copy to the tenant personally.
(B)CA Civil Law Code § 827(b)(1)(B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure.
(2)CA Civil Law Code § 827(b)(2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 30 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(3)Copy CA Civil Law Code § 827(b)(3)
(A)Copy CA Civil Law Code § 827(b)(3)(A) If the proposed rent increase
for that tenant is greater than 10 percent of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 90 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(B)CA Civil Law Code § 827(b)(3)(A)(B) If the proposed rent increase for that tenant is caused by a change in a tenant’s income or family composition as determined by a recertification required by statute or regulation, the notice shall be delivered at least 30 days before the effective date of the increase as described in paragraph (2), and subparagraph (A) of this paragraph shall not apply.
(4)CA Civil Law Code § 827(b)(4) A landlord of a commercial real property shall include in the
notice information on the provisions of this subdivision.
(5)CA Civil Law Code § 827(b)(5) In all leases for commercial real property by a qualified commercial tenant, a rent increase shall not be effective until the notice period required by this subdivision has expired.
(6)CA Civil Law Code § 827(b)(6) Notwithstanding any other provision of law, a violation of this subdivision by a landlord of a commercial real property does not entitle a qualified commercial tenant to civil penalties.
(7)CA Civil Law Code § 827(b)(7) For the purposes of this subdivision, the following definitions apply:
(A)CA Civil Law Code § 827(b)(7)(A) “Commercial real property” means all real property in this state, except dwelling units subject to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3, mobilehomes as defined in Section 798.3, and recreational vehicles as
defined in Section 799.29.
(B)CA Civil Law Code § 827(b)(7)(B) “Microenterprise” has the same meaning as that term is defined in subdivision (a) of Section 18000 of the Business and Professions Code.
(C)CA Civil Law Code § 827(b)(7)(C) “Nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986.
(D)CA Civil Law Code § 827(b)(7)(D) “Qualified commercial tenant” means a tenant of commercial real property that meets both of the following requirements:
(i)CA Civil Law Code § 827(b)(7)(D)(i) The tenant is a microenterprise, a restaurant with fewer than 10 employees, or a nonprofit organization with fewer than 20 employees.
(ii)Copy CA Civil Law Code § 827(b)(7)(D)(ii)
(I)Copy CA Civil Law Code § 827(b)(7)(D)(ii)(I) Subject to subclause (II), the tenant has provided the landlord, within
the previous 12 months, a written notice that the tenant is a qualified commercial tenant and a self-attestation regarding the number of employees, at such time the protections under this subdivision come into place.
(II) Unless the tenancy is from week to week, month to month, or other period less than a month, the tenant provided the notice and self-attestation described in subclause (I) before or upon execution of the lease, and annually thereafter, at such time the protections under this subdivision come into place.
(c)CA Civil Law Code § 827(c) If a state or federal statute, state or federal regulation, recorded regulatory agreement, or contract provides for a longer period of notice regarding a rent increase than that provided in subdivision (a) or (b), the personal service or mailing of the notice shall be in accordance with the longer period.
short-term leases month-to-month leases rent increase procedures qualified commercial tenant microenterprise nonprofit organization notice requirements 10% rent increase 90-day notice rental agreements commercial real property tenant income change notice delivery Section 1013
Section § 880.020
This law is all about making it easier and quicker to buy and sell real estate. The state wants property to be easily transferrable and usable, so they aim to reduce old or invalid claims that complicate property titles. By focusing on recent records, the process becomes more straightforward and secure. Essentially, the law wants to simplify property transactions, so people can trust the recorded title without worrying about outdated issues unless specifically noted.
(a)CA Civil Law Code § 880.020(a) The Legislature declares as public policy that:
(1)CA Civil Law Code § 880.020(a)(1) Real property is a basic resource of the people of the state and should be made freely alienable and marketable to the extent practicable in order to enable and encourage full use and development of the real property, including both surface and subsurface interests.
(2)CA Civil Law Code § 880.020(a)(2) Interests in real property and defects in titles created at remote times, whether or not of record, often constitute unreasonable restraints on alienation and marketability of real property because the interests are no longer valid or have been abandoned or have otherwise become obsolete.
(3)CA Civil Law Code § 880.020(a)(3) Such interests and defects produce litigation to clear and quiet titles, cause delays in real property title transactions, and hinder marketability of real property.
(4)CA Civil Law Code § 880.020(a)(4) Real property title transactions should be possible with economy and expediency. The status and security of recorded real property titles should be determinable to the extent practicable from an examination of recent records only.
(b)CA Civil Law Code § 880.020(b) It is the purpose of the Legislature in enacting this title to
simplify and facilitate real property title transactions in furtherance of public policy by enabling persons to rely on record title to the extent provided in this title, with respect to the property interests specified in this title, subject only to the limitations expressly provided in this title and notwithstanding any provision or implication to the contrary in any other statute or in the common law. This title shall be liberally construed to effect the legislative purpose.
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Section § 880.030
This law section explains that nothing in this particular title should be interpreted to change how certain legal concepts like waiver, estoppel, laches, or other fairness principles are applied. It also says that it doesn’t change any laws about how recording or not recording documents affects things, unless something explicitly in this title says otherwise.
Nothing in this title shall be construed to:
(a)CA Civil Law Code § 880.030(a) Limit application of the principles of waiver and estoppel, laches, and other equitable principles.
(b)CA Civil Law Code § 880.030(b) Affect the operation of any statute governing the effect of recording or failure to record, except as specifically provided in this title.
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