California Landlord Bankruptcy Clause

State:
Multi-State
Control #:
US-OL28042
Format:
Word; 
PDF
Instant download

Description

This office lease clause states that in the event the tenant becomes a debtor under Chapter 7 of the federal Bankruptcy Code and the Trustee of the tenant's property or the tenant elects to assume the lease for the purpose of assigning the same or otherwise, such election and assignment may only be made if all of the terms and conditions are satisfied. If such Trustee shall fail to elect or assume the lease within sixty (60) days after the filing of the petition, the lease shall be deemed to have been rejected.


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FAQ

Rent Control Laws ing to the AB-1482 from the California Tenant Protection Act), any rent increase is capped at 5% plus inflation or 10% of the lowest price paid in the last 12 months. These laws started in January 2020, and it's expected to last until January 2030. You can read more about this measure here.

Statewide law that goes into effect on January 1, 2020 and expires on January 1, 2030. Requires a landlord to have a ?just cause? to terminate a tenancy. Limits annual rent increases to no more than 5% + local CPI (CPI = inflation rate), or 10% whichever is lower.

Landlords cannot raise rent more than 10% total or 5% plus the percentage change in the cost of living ? whichever is lower ? over a 12-month period. If the tenants of a unit move out and new tenants move in, the landlord may establish the initial rent to charge. (Civ. Code § 1947.12.)

One of the new rules is that landlords can only evict tenants for valid reasons. These valid reasons include non-payment of rent or violating the lease agreement. Landlords must follow these rules in order to legally evict tenants. Another regulation is the implementation of an extended notice period for evictions.

Statewide law that goes into effect on January 1, 2020 and expires on January 1, 2030. Requires a landlord to have a ?just cause? to terminate a tenancy. Limits annual rent increases to no more than 5% + local CPI (CPI = inflation rate), or 10% whichever is lower.

California law restricts a landlord's ability to terminate a residential lease, evict the tenant and retake possession of the property. When a tenant has lawfully occupied the residential property for 12 months or more, the landlord is prohibited from ending the tenancy without ?just cause.?

?No-fault? means you have not done anything wrong. But, your landlord can still require you to move out for one of the ?no-fault? reasons listed in the law. If your landlord evicts you for one of these reasons, they must first give you one month's rent or waive one month's rent to help you move out.

Buildings less than 15 years old are not covered. As buildings age, and cross the 15 year threshold, they will be covered. If you live in a single family home that IS NOT owned by a corporation, you are not covered, and IF your landlord has given you notice that the home is exempt.

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California Landlord Bankruptcy Clause