A remedy provided by law for violation of the rights of the tenant or of the landlord concerning transfer of a tenant’s interest in a lease, including a remedy provided in this article, is (a) subject to an express provision in the lease that affects the remedy and (b) subject to any applicable defense, whether legal or equitable, including, but not limited to, waiver and estoppel.
Cal. Civ. Code § 1995.300
Breach and Remedies
Applied in 1 court decision — leading case R-Ranch Markets 2, Inc. v. Old Stone Bank (1993)
Most recently applied in R-Ranch Markets 2, Inc. v. Old Stone Bank (June 1993)
Added by Stats. 1991, Ch. 67, Sec. 2.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.