This chapter applies to transfer of a tenant’s interest in a lease of real property for other than residential purposes.
Article 1Title
Section § 1995.010
This law focuses on situations where a tenant wants to transfer their rights or interest in a lease for property used for non-residential purposes, like businesses.
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Section § 1995.020
This section defines key terms related to non-residential property leases. A 'landlord' can refer to a tenant who subleases property. A 'lease' covers agreements like leases and subleases for non-residential properties. 'Restriction on transfer' is a clause that prevents tenants from transferring their lease interests. A 'tenant' can include subtenants or individuals who take over a lease. 'Transfer' involves any form of passing on or sharing a tenant’s lease interest, whether voluntarily or not.
As used in this chapter:
(a)CA Civil Law Code § 1995.020(a) “Landlord” includes a tenant who is a sublandlord under a sublease.
(b)CA Civil Law Code § 1995.020(b) “Lease” means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease.
(c)CA Civil Law Code § 1995.020(c) “Restriction on transfer” means a provision in a lease that restricts the right of transfer of the tenant’s interest in the lease.
(d)CA Civil Law Code § 1995.020(d) “Tenant” includes a subtenant or assignee.
(e)CA Civil Law Code § 1995.020(e) “Transfer” of a tenant’s interest in a lease means an assignment, sublease, or other voluntary or involuntary transfer or encumbrance of all or part of a tenant’s interest in the lease.
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Section § 1995.030
This section states that the rules in this chapter apply to any lease made before, on, or after January 1, 1990, unless another specific section says differently.
Except as provided in Section 1995.270, this chapter applies to a lease executed before, on, or after January 1, 1990.
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