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California Civil Code Section 1951.4

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1951.4

1951.4.  (a) The remedy described in this section is available only
if the lease provides for this remedy. In addition to any other type
of provision used in a lease to provide for the remedy described in
this section, a provision in the lease in substantially the following
form satisfies this subdivision:
   "The lessor has the remedy described in California Civil Code
Section 1951.4 (lessor may continue lease in effect after lessee's
breach and abandonment and recover rent as it becomes due, if lessee
has right to sublet or assign, subject only to reasonable
limitations)."
   (b) Even though a lessee of real property has breached the lease
and abandoned the property, the lease continues in effect for so long
as the lessor does not terminate the lessee's right to possession,
and the lessor may enforce all the lessor's rights and remedies under
the lease, including the right to recover the rent as it becomes due
under the lease, if any of the following conditions is satisfied:
   (1) The lease permits the lessee, or does not prohibit or
otherwise restrict the right of the lessee, to sublet the property,
assign the lessee's interest in the lease, or both.
   (2) The lease permits the lessee to sublet the property, assign
the lessee's interest in the lease, or both, subject to express
standards or conditions, provided the standards and conditions are
reasonable at the time the lease is executed and the lessor does not
require compliance with any standard or condition that has become
unreasonable at the time the lessee seeks to sublet or assign. For
purposes of this paragraph, an express standard or condition is
presumed to be reasonable; this presumption is a presumption
affecting the burden of proof.
   (3) The lease permits the lessee to sublet the property, assign
the lessee's interest in the lease, or both, with the consent of the
lessor, and the lease provides that the consent shall not be
unreasonably withheld or the lease includes a standard implied by law
that consent shall not be unreasonably withheld.
   (c) For the purposes of subdivision (b), the following do not
constitute a termination of the lessee's right to possession:
   (1) Acts of maintenance or preservation or efforts to relet the
property.
   (2) The appointment of a receiver upon initiative of the lessor to
protect the lessor's interest under the lease.
   (3) Withholding consent to a subletting or assignment, or
terminating a subletting or assignment, if the withholding or
termination does not violate the rights of the lessee specified in
subdivision (b).

Last modified: February 22, 2013