California Civil Code

§ 1951.35

CIV § 1951.35 Effective Jan 1, 2019Div. 3 · Title 5 · Part 4 · Ch. 2

Statute text

(a)This section applies only to commercial real property, as defined in subdivision (d) of Section 1954.26.

(b)Commercial real property shall be deemed abandoned by the lessee within the meaning of Section 1951.2 and the lease shall terminate if the lessor gives written notice of belief of abandonment pursuant to subdivision (c) and, prior to the date of termination specified in the lessor’s notice of belief of abandonment, the lessee fails to give the lessor written notice stating that the lessee does not intend to abandon the commercial real property and provides an address at which the lessee may be served by certified mail in an action for unlawful detainer of real property.

(c)The lessor may give notice of belief of abandonment pursuant to this section only if the rent on the property has been due and unpaid for at least the number of days required for the lessor to declare a rent default under the terms of the lease, but in no case less than three days, and the lessor reasonably believes that the lessee has abandoned the property. The date of termination of the lease shall be specified in the notice and shall be not less than 15 days after the notice is served personally, sent to the lessee by an overnight courier service, or deposited in the mail.

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Legislative history

Added by Stats. 2018, Ch. 104, Sec. 3. (AB 2847) Effective January 1, 2019.