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  1. #1

    Default Can a Commercial Lease Override State Law

    My question involves landlord-tenant law in the State of: California


    I'm just curious under what conditions can a commercial lease overwrite guidelines set by California state law.

    Can I put a deposit clause in a lease that states I can return a deposit later than 30 days?

    Can I put a clause in a lease saying I can accept a greater than allowed deposit?

    Can I put a clause in the lease allowing me to use the deposit how I want?

    Can I put a clause in the lease overwriting the states towing requirements?

    This question is just to get an idea of how such things work.

  2. #2
    Join Date
    Sep 2012
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    1,991

    Default Re: Can a Commercial Lease Overwrite State Law

    you cannot contract around the law, however most landlord/tenant law applies to residential leases not commercial leases, double check the statutes you are concerned about or consult an attorney to see if they actually apply to a commercial lease.

  3. #3

    Default Re: Can a Commercial Lease Overwrite State Law

    Thanks for the reply. I specifically was curious about deposit refunds and whether you could contract around the time limits set by the civil code stating no more than 30 days to return a deposit.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Can a Commercial Lease Overwrite State Law

    Quote Quoting somekindofaction
    View Post
    Thanks for the reply. I specifically was curious about deposit refunds and whether you could contract around the time limits set by the civil code stating no more than 30 days to return a deposit.

    can you post the specific code section number you are referring to?

  5. #5
    Join Date
    Mar 2013
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    1,279

    Default Re: Can a Commercial Lease Overwrite State Law

    I believe he is referring to 1950.7 of the civil code.

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Can a Commercial Lease Overwrite State Law

    thanks L-1



    "but in no event" seems pretty clear to me. Why would you want to provide for a different timeline?

    (3) If the claim of the landlord upon the payment or deposit includes amounts reasonably necessary to repair damages to the premises caused by the tenant or to clean the premises, then any remaining portion of the payment or deposit shall be returned to the tenant at a time as may be mutually agreed upon by landlord and tenant, but in no event later than 30 days from the date the landlord receives possession of the premises







  7. #7

    Default Re: Can a Commercial Lease Override State Law

    Well, I don't actually. I often play devil's advocate and put myself in the LL's position to try to clean my questions of bias.

    I moved out of a building at the end of April and the property manager stated that I'd get the deposit returned within 90 days per our lease. I checked the lease and the clause is definitely there. Looks like it was changed from the original template but it's definitely there.

    I didn't want to raise a funk because they are really good at extending the law to its boundaries to do the most jerk things possible and I assumed there must be some loophole that allows them to do such a thing.

    Oh well. Small claims if I wanted to contest it I guess?

  8. #8
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Can a Commercial Lease Override State Law

    Look at https://www.courtlistener.com/calcta...point-corpusa/

    While it addresses a different issue regarding deposits, the could indicated leases may be amended to waive the provisions of 1950.7 of the Civil Code, which (among other things) covers the time frame within which deposits must be returned.

  9. #9

    Default Re: Can a Commercial Lease Override State Law

    Thanks. I'll go through it and see what it says. If it leans toward the possibility then I'll just assume it's allowed.

    Thanks again.

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