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View Full Version : Does Lease copy machines agreement protected under 1945.5


mamte
Jan 27, 2012, 06:43 PM
We have a lease agreement that expires in march 2012, we sent the notification for nonrenewal, they responded that our notification was received outside of the notification period and they want to force us to continuing with the lease for one more year . Do someone knows if the code 1945.5 protect the lesse for this kind of property , or is only for real state property.

ScottGem
Jan 27, 2012, 07:28 PM
ANY question on law needs to include your general locale as laws vary by area.

But generally the terms of a lease govern. If you have a lease that requires you to inform them of non-renewal within a specified time frame otherwise the lease is automatically renewed, then it is probably valid.

Fr_Chuck
Jan 27, 2012, 08:06 PM
What were the terms and how much notice is required by the lease

AK lawyer
Jan 28, 2012, 07:13 AM
... Do someone knows if the code 1945.5 protect the lesse for this kind of property , or is only for real state property.

This section 1945.5 of which you write: which state, province, or other jurisdiction would it be in? You do know that there are 50 states, and that each has it's own statutes?

ylee33
Feb 23, 2012, 03:42 PM
California, residential leases. cal. civil code

ScottGem
Feb 23, 2012, 03:56 PM
CALIFORNIA, RESIDENTIAL LEASES. Cal. civil Code

Are you responding to the original question?

AK lawyer
Feb 23, 2012, 05:12 PM
"1945.5. Notwithstanding any other provision of law, any term of a lease executed after the effective date of this section for the hiring of residential real property which provides for the automatic renewal or extension of the lease for all or part of the full term of the lease if the lessee remains in possession after the expiration of the lease or fails to give notice of his intent not to renew or extend before the expiration of the lease shall be voidable by the party who did not prepare the lease unless such renewal or extension provision appears in at least eight-point boldface type, if the contract is printed, in the body of the lease agreement and a recital of the fact that such provision is contained in the body of the agreement appears in at least eight-point boldface type, if the contract is printed, immediately prior to the place where the lessee executes the agreement. In such case, the presumption in Section 1945 of this code shall apply. Any waiver of the provisions of this section is void as against public policy".


... Do someone knows if the code 1945.5 protect the lesse for this kind of property , or is only for real state property.

Read the portion of section 1945.5 which I have marked in bold, above. It only pertains to "residential real estate" (that is, land &/or buildings which someone lives on or in).