California Civil Code Section 1995.260
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California Laws > Civil Code > California Civil Code Section 1995.260
If a restriction on transfer of the tenant's interest in
a lease requires the landlord's consent for transfer but provides no
standard for giving or withholding consent, the restriction on
transfer shall be construed to include an implied standard that the
landlord's consent may not be unreasonably withheld. Whether the
landlord's consent has been unreasonably withheld in a particular
case is a question of fact on which the tenant has the burden of
proof. The tenant may satisfy the burden of proof by showing that, in
response to the tenant's written request for a statement of reasons
for withholding consent, the landlord has failed, within a reasonable
time, to state in writing a reasonable objection to the transfer.
Section: 1995.260
Last modified: February 13, 2012
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