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.

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Answered on 10/25/01, 6:39 pm


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