SECTIONS 818-827 - California Statutes

CIVIL CODE

SECTION 818-827

818. The owner of a life estate may use the land in the same manner
as the owner of a fee simple, except that he must do no act to the
injury of the inheritance.

819. A tenant for years or at will, unless he is a wrong-doer by
holding over, may occupy the buildings, take the annual products of
the soil, work mines and quarries open at the commencement of his
tenancy.

820. A tenant for years or at will has no other rights to the
property than such as are given to him by the agreement or instrument
by which his tenancy is acquired, or by the last section.

821. A person to whom any real property is transferred or devised,
upon which rent has been reserved, or to whom any such rent is
transferred, is entitled to the same remedies for recovery of rent,
for non-performance of any of the terms of the lease, or for any
waste or cause of forfeiture, as his grantor or devisor might have
had.

822. Whatever remedies the lessor of any real property has against
his immediate lessee for the breach of any agreement in the lease, or
for recovery of the possession, he has against the assignees of the
lessee, for any cause of action accruing while they are such
assignees, except where the assignment is made by way of security for
a loan, and is not accompanied by possession of the premises.

823. Whatever remedies the lessee of any real property may have
against his immediate lessor, for the breach of any agreement in the
lease, he may have against the assigns of the lessor, and the assigns
of the lessee may have against the lessor and his assigns, except
upon covenants against incumbrances or relating to the title or
possession of the premises.

824. Rent due upon a lease for life may be recovered in the same
manner as upon a lease for years.

825. Rent dependent on the life of a person may be recovered after
as well as before his death.

826. A person having an estate in fee, in remainder or reversion,
may maintain an action for any injury done to the inheritance,
notwithstanding an intervening estate for life or years, and
although, after its commission, his estate is transferred, and he has
no interest in the property at the commencement of the action.

827. (a) Except as provided in subdivision (b), in all leases of
lands or tenements, or of any interest therein, from week to week,
month to month, or other period less than a month, the landlord may,
upon giving notice in writing to the tenant, in the manner prescribed
by Section 1162 of the Code of Civil Procedure, change the terms of
the lease to take effect, as to tenancies for less than one month,
upon the expiration of a period at least as long as the term of the
hiring itself, and, as to tenancies from month to month, to take
effect at the expiration of not less than 30 days, but if that change
takes effect within a rental term, the rent accruing from the first
day of the term to the date of that change shall be computed at the
rental rate obtained immediately prior to that change; provided,
however, that it shall be competent for the parties to provide by an
agreement in writing that a notice changing the terms thereof may be
given at any time not less than seven days before the expiration of a
term, to be effective upon the expiration of the term.
The notice, when served upon the tenant, shall in and of itself
operate and be effectual to create and establish, as a part of the
lease, the terms, rents, and conditions specified in the notice, if
the tenant shall continue to hold the premises after the notice takes
effect.
(b) (1) In all leases of a residential dwelling, or of any
interest therein, from week to week, month to month, or other period
less than a month, the landlord may increase the rent provided in the
lease or rental agreement, upon giving written notice to the tenant,
as follows, by either of the following procedures:
(A) By delivering a copy to the tenant personally.
(B) By serving a copy by mail under the procedures prescribed in
Section 1013 of the Code of Civil Procedure.
(2) If the proposed rent increase for that tenant is 10 percent or
less of the rental amount charged to that tenant at any time during
the 12 months prior to the effective date of the increase, either in
and of itself or when combined with any other rent increases for the
12 months prior to the effective date of the increase, the notice
shall be delivered at least 30 days prior to the effective date of
the increase, and subject to Section 1013 of the Code of Civil
Procedure if served by mail.
(3) For an increase in rent greater than the amount described in
paragraph (2), the minimum notice period required pursuant to that
paragraph shall be increased by an additional 30 days, and subject to
Section 1013 of the Code of Civil Procedure if served by mail. This
paragraph does not apply to an increase in rent caused by a change in
a tenant's income or family composition as determined by a
recertification required by statute or regulation.
(c) If a state or federal statute, state or federal regulation,
recorded regulatory agreement, or contract provides for a longer
period of notice regarding a rent increase than that provided in
subdivision (a) or (b), the personal service or mailing of the notice
shall be in accordance with the longer period.