Legal Question in Real Estate Law in California
copy of lease agreement
what is the civil code stating that the landlord must give a copy of the lease agreement to a tenant.
Asked on 9/07/01, 3:05 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: copy of lease agreement
Civil Code section 1626 says "A contract in writing takes effect upon its delivery to the party in whose favor it is made, or his agent."
There are several old cases from the 1920s and 1930s interpreting this to mean that a purported written lease is ineffective unless and until the landlord gives the tenant a copy, even if the tenant has signed it.
As far as I know, there is nothing more specific except for a recent law requiring a Spanish translation to be furnished whenever a written agreement was negotiated primarily in the Spanish language. Civil Code section 1632.
Answered on 10/25/01, 6:39 pm