A remedy provided by law for violation of the rights of the tenant or of the landlord concerning transfer of a tenant’s interest in a lease, including a remedy provided in this article, is (a) subject to an express provision in the lease that affects the remedy and (b) subject to any applicable defense, whether legal or equitable, including, but not limited to, waiver and estoppel.
Article 3General Provisions
Section § 1995.300
This law states that if a tenant or landlord believes their rights have been violated concerning the transfer of a tenant's interest in a lease, there are legal remedies available to them. However, these remedies can be changed or limited by specific terms written in the lease itself. Additionally, defenses like waiver (choosing not to exercise a right) and estoppel (preventing someone from arguing something contrary to what they've previously said or agreed to) may apply when seeking these remedies.
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Section § 1995.310
This law states that if a lease requires a landlord's consent for a tenant to transfer their lease to someone else, and the landlord unreasonably refuses consent, the tenant can take action. Specifically, the tenant can seek compensation for any damages caused by the landlord's actions and may also have the option to end the lease early.
If a restriction on transfer of a tenant’s interest in a lease requires the landlord’s consent for transfer subject to an express or implied standard that the landlord’s consent may not be unreasonably withheld, and the landlord unreasonably withholds consent to a transfer in violation of the tenant’s rights under the lease, in addition to any other remedies provided by law for breach of a lease, the tenant has all the remedies provided for breach of contract, including, but not limited to, either or both of the following:
(a)CA Civil Law Code § 1995.310(a) The right to
contract damages caused by the landlord’s breach.
(b)CA Civil Law Code § 1995.310(b) The right to terminate the lease.
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Section § 1995.320
This law says that if a tenant illegally transfers their lease, the landlord can seek damages or even end the lease. Essentially, the landlord can use all standard contract remedies to address the issue.
If a tenant transfers the tenant’s interest in a lease in violation of a restriction on transfer of the tenant’s interest in the lease, in addition to any other remedies provided by law for breach of a lease, the landlord has all the remedies provided for breach of contract, including, but not limited to, either or both of the following:
(a)CA Civil Law Code § 1995.320(a) The right to contract damages caused by the tenant’s breach.
(b)CA Civil Law Code § 1995.320(b) The right to terminate the lease.
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Section § 1995.330
If someone takes over or transfers a tenant's lease against certain rules, they share responsibility with the tenant for any damages. The landlord can end the unauthorized transfer without ending the entire lease. If this happens, the person now living there without proper rights is unlawfully staying, and the landlord can evict them using a specific legal procedure, all while the original tenant still has rights to the lease.
(a)CA Civil Law Code § 1995.330(a) An assignee who receives or makes a transfer in violation of a restriction on transfer of a tenant’s interest in a lease is jointly and severally liable with the tenant for contract damages under Section 1995.320. For this purpose, the provisions of Section 1951.2 applicable to a lessee apply to an assignee.
(b)CA Civil Law Code § 1995.330(b) The landlord’s right to terminate a lease under Section 1995.320 includes the right to terminate a transfer without terminating the lease. If the landlord terminates a transfer without terminating the
lease, the assignee or subtenant in possession is guilty of unlawful detainer and the landlord may obtain possession from the assignee or subtenant without terminating the right to possession of the tenant. For this purpose, the landlord may use the procedure provided in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, with the changes necessary to make the procedure applicable to this subdivision.
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Section § 1995.340
This law section explains that a tenant's lease can't be transferred to someone else unless the landlord agrees each time. Even if the landlord allowed it once before, it doesn't automatically mean new transfers are okay. However, if the lease says only the first tenant can't transfer or if the landlord clearly says in writing that the agreement applies to future transfers too, then those transfers might be allowed.
(a)CA Civil Law Code § 1995.340(a) Subject to subdivision (b), a restriction on transfer of a tenant’s interest in a lease applies to a subsequent transfer by a tenant, an assignee, or a subtenant notwithstanding the landlord’s consent to a prior transfer or the landlord’s waiver of a standard or condition for a prior transfer.
(b)CA Civil Law Code § 1995.340(b) Subdivision (a) does not apply if either of the following conditions is satisfied:
(1)CA Civil Law Code § 1995.340(b)(1) The lease provides expressly that the restriction on transfer is
limited to the original tenant.
(2)CA Civil Law Code § 1995.340(b)(2) The landlord states expressly in writing that the consent or waiver applies to a subsequent transfer.
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