Statute · California Civil Code

Cal. Civ. Code § 1997.260 — Use Restrictions

Cal. Civ. Code § 1997.260

Type
Statute
Source
California Civil Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

If a restriction on use of leased property by a tenant requires the landlord’s consent for a change in use but provides no standard for giving or withholding consent, the restriction shall be construed to include an implied standard that the landlord’s consent may not be unreasonably withheld.…

Citator

Cal. Civ. Code § 1997.260 — Use Restrictions is in force in the current edition of the Code, and nothing recorded condemns it.

If a restriction on use of leased property by a tenant requires the landlord’s consent for a change in use but provides no standard for giving or withholding consent, the restriction 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 change in use.