Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return the same to the former at a future time.
HiringHiring in General
Section § 1925
This law explains that 'hiring' is when someone temporarily gives possession and use of property (not money) to another person in exchange for payment. The person using the property must agree to return it to the owner at a later date.
temporary possession use of property contract
Section § 1926
If you rent or hire something, you own whatever comes from it during the time you have it rented, like fruit from a rented tree.
The products of a thing hired, during the hiring, belong to the hirer.
rental products hirer ownership renting benefits
Section § 1927
This law says that if you rent something out to someone, you must ensure that they can use it without interference from others who might have a legal claim on it during the rental period.
An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.
agreement to let quiet possession hirer
Section § 1928
If you borrow something, you have to take good care of it and keep it safe and in good condition.
The hirer of a thing must use ordinary care for its preservation in safety and in good condition.
borrower responsibilities ordinary care item preservation
Section § 1929
If you rent or borrow something, you have to fix any damage that happens to it if the damage is because you didn't take proper care of it.
The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care.
hirer responsibility repair obligations deterioration
Section § 1930
If you rent something for a specific purpose, you can't use it for anything else. If you do, you're responsible for any damage caused, and the person who rented it to you can cancel the contract.
When a thing is let for a particular purpose the hirer must not use it for any other purpose; and if he does, he is liable to the letter for all damages resulting from such use, or the letter may treat the contract as thereby rescinded.
rental purpose hirer responsibility contract rescission
Section § 1931
If you're renting something, the owner can take it back before the lease is over if you use it in a way that breaks your agreement, or if you don't fix it when you're supposed to after being asked.
The letter of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon:
1. When the hirer uses or permits a use of the thing hired in a manner contrary to the agreement of the parties; or,
2. When the hirer does not, within a reasonable time after request, make such repairs as he is bound to make.
terminate hiring reclaim rented item end lease early
Section § 1932
If you rent something, you can end the rental agreement early for two reasons: (1) if the person who rented it to you doesn't set it up properly or keep it in good condition, despite you asking them to; or (2) if most of the rented item or a key part of it is ruined for reasons beyond your control.
The hirer of a thing may terminate the hiring before the end of the term agreed upon:
1. When the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or,
2. When the greater part of the thing hired, or that part which was and which the letter had at the time of the hiring reason to believe was the material inducement to the hirer to
enter into the contract, perishes from any other cause than the want of ordinary care of the hirer.
terminate hiring rental agreement quiet possession
Section § 1933
This law explains four different ways a lease or rental agreement ends. It ends when the agreed rental period is over, both parties agree to end it, the person renting it becomes the owner, or the rented item is destroyed.
The hiring of a thing terminates:
1. At the end of the term agreed upon;
2. By the mutual consent of the parties;
3. By the hirer acquiring a title to the thing hired superior to that of the letter; or,
4. By the destruction of the thing hired.
lease termination rental agreement end of term
Section § 1934
If you rent something and the rental agreement can be ended whenever either party wants, the rental ends if that person dies or is unable to make contracts. But if the agreement doesn't allow ending it at will, it doesn't automatically end because of a death or incapacity.
If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases it is not terminated thereby.
rental agreement terminable at pleasure notice of death
Section § 1934.5
This law says that if someone rents a room on a month-to-month basis in a nursing or convalescent home, the rental agreement ends when the patient dies. After the patient's death, the person who rented the room or their heirs or representatives do not have to pay any more rent. If rent was paid in advance, the home must return it within two weeks to the deceased's family or representative. Any agreement that tries to waive these rights is invalid. This applies to rental agreements made on or after January 1, 1979.
Notwithstanding the provisions of Section 1934, the hiring of accommodations from month to month in a nursing or convalescent home shall be terminated by the death of the patient by or for whom the hiring was made. The hirer or his heir, legatee, or personal representative shall not be liable for any rent due for such accommodations under the hiring agreement beyond that rent due for the date on which such patient died. No advance payment of rent made by the hirer shall be subject to the claim of, or retention by, the nursing or convalescent home and shall be returned to the heir, legatee, or personal representative no later
than two weeks after such patient has died. Any provision in the hiring agreement by which the hirer agrees to modify or waive any of his rights under this section shall be void as contrary to public policy.
The provisions of this section shall be applicable to all hiring agreements executed on or after January 1, 1979.
nursing home rent convalescent home rental termination by death
Section § 1935
If you rent something and the rental period ends earlier than planned, you need to pay for the time you actually used it, unless your use was minimal and didn't provide any real benefit to you.
When the hiring of a thing is terminated before the time originally agreed upon, the hirer must pay the due proportion of the hire for such use as he has actually made of the thing, unless such use is merely nominal, and of no benefit to him.
rental termination pay for use due proportion
Section § 1938
Commercial property owners or lessors in California must disclose if their property has been inspected by a Certified Access Specialist (CASp) in lease agreements made after January 1, 2017. If the property has been inspected and no changes affecting accessibility have been made, the owner must provide the inspection report to the prospective tenant, who must keep it confidential, except for needed repairs. The owner is generally responsible for repairs to meet accessibility standards unless agreed otherwise. Tenants can rescind the lease within 72 hours if they don't get the CASp report 48 hours before signing. If the premises have a disability access certificate, the owner must provide it within a week after the lease is signed. If no certificate exists, the lease must state that a CASp inspection is allowed, outlining agreement terms between tenant and owner.
(a)CA Civil Law Code § 1938(a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp).
(b)CA Civil Law Code § 1938(b) If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner’s or
lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement that have impacted the subject premises’ compliance with construction-related accessibility standards, the commercial property owner or lessor shall provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make.
(c)CA Civil Law Code § 1938(c) Making any repairs or modifications necessary to correct violations of construction-related accessibility standards that are noted in a CASp report is presumed to be the responsibility of the commercial property owner or lessor, unless
otherwise mutually agreed upon by the commercial property owner or lessor and the lessee or tenant. The prospective lessee or tenant shall have the opportunity to review any CASp report prior to execution of the lease or rental agreement. If the report is not provided to the prospective lessee or tenant at least 48 hours prior to execution of the lease or rental agreement, the prospective lessee or tenant shall have the right to rescind the lease or rental agreement, based upon the information contained in the report, for 72 hours after execution of the agreement.
(d)CA Civil Law Code § 1938(d) If the subject premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of Section 55.52, the commercial property owner or lessor shall provide a copy of the current disability access inspection certificate and any
inspection report to the lessee or tenant not already provided pursuant to subdivision (b) within seven days of the date of the execution of the lease form or rental agreement.
(e)CA Civil Law Code § 1938(e) If the subject premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, the commercial property owner or lessor shall state the following on the lease form or rental agreement:
“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or
potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”
(f)CA Civil Law Code § 1938(f) As used in this section, “commercial property” means property that is offered for rent or lease to persons operating, or intending to operate, a place of public accommodation as defined in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations, or a facility to which the general public is invited, at those premises.
commercial property owner lease agreement Certified Access Specialist
