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California Civil Code Section 1951.7

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1951.7

(a) As used in this section, "advance payment" means moneys
paid to the lessor of real property as prepayment of rent, or as a
deposit to secure faithful performance of the terms of the lease, or
another payment that is the substantial equivalent of either of
these. A payment that is not in excess of the amount of one month's
rent is not an advance payment for purposes of this section.
   (b) The notice provided by subdivision (c) is required to be given
only if all of the following apply:
   (1) The lessee has made an advance payment.
   (2) The lease is terminated pursuant to Section 1951.2.
   (3) The lessee has made a request, in writing, to the lessor that
he or she be given notice under subdivision (c).
   (c) Upon the initial reletting of the property, the lessor shall
send a written notice to the lessee stating that the property has
been relet, the name and address of the new lessee, and the length of
the new lease and the amount of the rent. The notice shall be
delivered to the lessee personally, or be sent by regular mail to the
lessee at the address shown on the request, not later than 30 days
after the new lessee takes possession of the property. Notice is not
required if the amount of the rent due and unpaid at the time of
termination exceeds the amount of the advance payment.

Last modified: January 12, 2009