California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 5 — Hiring, Chapter 6 — Assignment and Sublease, Article 3 — Breach and Remedies, Section 1995.300

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.

Notes

Limits any legal remedy for violation of landlord or tenant rights concerning transfer of a tenant’s lease interest by making the remedy subject to any express lease provision affecting it and any applicable legal or equitable defense. Expressly includes waiver and estoppel among the defenses that may limit a transfer-related remedy, including remedies provided by the article.

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