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California’s Civil Code states the following: “A contract is an agreement to do or not to do a certain thing.” The American Law Institute offers this definition: “A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.”
Any contract hereafter made in this State for the purchase and sale of real property shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise: (a) If, when neither the legal title nor the possession of the subject matter of the contract has been ...
- Dual Legal Nature of Lease
- Verbal and Written Agreements
- Lease Ingredients
- Contract and Conveyance Issues
- Rights and Obligations of Parties to a Lease
- Condemnation of Leased Property
- Disclosures by Owner or Rental Agent to Tenant
- Additional Resource
lease is an oral or written agreement that creates and governs, by express or implied terms, a landlord-tenant relationship. A lease has two characteristics, each of which has its own set of rights and obligations: a conveyance by the landlord to the tenant of an estate in real property covering the premises leased (which creates “privity of esta...
A lease with a term of one year or less may be created by verbal agreement. However, for the sake of clarity and to reduce the risk of disagreement (both during the lease term and after tenant’s surrender of the premises), all leases, even those with month-to-month terms, should be reduced to written form. California’s Statute of Frauds requires a ...
No particular words, form, or language are required to create an oral or written lease. However, the words used must: evidence the landlord’s and tenant’s intent to create a landlord-tenant relationship (which intent is apparent from either the parties’ acts or deeds, or the language of a written agreement); identify the parties; describe the...
In light of its dual character of being a contract and a conveyance, an enforceable lease must satisfy specific laws with respect to: the creation and interpretation of a contract; and the prerequisites for the transfer of an interest in real property. Contract specifics. The general rules regarding the creation of a lease (and contract), in ad...
number of matters should be considered before entering into a lease agreement. Many of these are relatively unimportant in an oral month-to-month tenancy, but become increasingly important in the case of written leaseholds for a longer period of time. Since these subjects are each covered in considerable detail by contract provisions of the instrum...
If a leased property is condemned under a proceeding in eminent domain, the tenant is ordinarily released from all of his or her obligations under the lease agreement, including the obligation to pay rent. If the premises are only partially taken and the portion of the property which has not been condemned may still be used by the tenant for the pu...
The owner of every multi-unit dwelling or a party signing a rental agreement on such owner’s behalf must disclose the name and address of each person authorized to manage the premises and to receive process for notices and demands on behalf of the owner. In the case of an oral rental agreement, on written demand by the tenant, the owner or person a...
That State of California, Department of Consumer Affairs annually publishes a booklet entitled “California Tenants, A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities”. A copy of the booklet can be downloaded from the Department of Consumer Affairs’ web site at www.dca.ca.gov.
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tenant relationship is governed by federal, state, and local laws. This booklet focuses on the most significant aspects of the relationship of landlords and tenants in California, particularly the California laws that govern the landlordtenant relationship. There are - other parts of the landlord-tenant law that may not be covered.
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Jan 1, 2018 · property sales contract within the meaning of “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from
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Jun 3, 2022 · Now, I’m not suggesting that my clients should take over the negotiations of contractual indemnities, which require a thorough comprehension of multiple legal principles. Rather, the purpose of this article is to provide a basic explanation of the concept and some key terms to consider.
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Feb 12, 2021 · Whether you're looking to sell or buy property, there are certain California real estate laws to know about—both as a homeowner and a buyer.
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