Bills

AB 2847: Commercial real property: tenancy: abandonment.

  • Session Year: 2017-2018
  • House: Assembly
  • Latest Version Date: 2018-07-16
Version:

Existing law provides that if a lessee of real property remains in possession after the expiration of the hiring and the lessor accepts rent from the lessee, the parties are presumed to have renewed the hiring on the same terms and for the same amount of time.

This bill would make a nonsubstantive change to that provision.

Existing law provides that real property shall be deemed abandoned by a lessee and the lease shall terminate if the lessor gives notice of belief of abandonment, and authorizes a notice of belief of abandonment to be given only where rent on the property has been due and unpaid for at least 14 consecutive days and the lessor reasonably believes that the lessee has abandoned the property. Existing law authorizes a notice of belief of abandonment to be served personally or mailed.

This bill would, for commercial real property, authorize notice of belief of abandonment to be given where rent on the property has been due and unpaid for at least the number of days required for the lessee to declare a rent default under the terms of the lease, but in no case less than three days. The bill would authorize the notice of belief of abandonment of commercial real property to be sent by an overnight courier service. The bill would make conforming changes.

Discussed in Hearing

Assembly Floor 1MIN
Jul 2, 2018

Assembly Floor

Assembly Floor 1MIN
May 14, 2018

Assembly Floor

View Older Hearings
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Chaptered (7/16/2018)

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