California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 5 — Hiring, Chapter 7 — Use Restrictions, Article 2 — Use Restrictions, Section 1997.270

(a) Section 1997.260 applies to a restriction on use executed on or after January 1, 1992. If a restriction on use executed before January 1, 1992, requires the landlord’s consent for a change in use of leased premises by a tenant, but provides no standard for giving or withholding consent, the landlord has sole and absolute discretion to give or withhold consent.

(b) For purposes of this section, if the terms of a restriction on change in use are fixed by an option or other agreement, the restriction on change in use is deemed to be executed on the date of execution of the option or other agreement.

Notes

Sets the referenced reasonable-consent rule to apply to use restrictions executed on or after January 1, 1992. Allows a landlord sole and absolute discretion over consent under a pre-1992 use restriction that requires consent but states no standard, and treats an option-fixed restriction as executed when the option or other agreement was executed.

Use as reference

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