The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Re: Question for CA Landlords - Landlord Forum thread 189037

Re: Question for CA Landlords by Anonymous on October 10, 2009 @13:06

                              
You provided it yourself! Didn't you read the statute you posted, especially sections b, c, & d?
"(b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract IS VALID unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made.

(c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either:

(1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party's personal, family, or household purposes; or

(2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support.

(d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void EXCEPT that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage."

B allows a provision in the contract for liquidated damages. C determines who can agree to these damages. D gives the exception to voided liquidated damages by allowing parties to agree to these in the lease. Simple as pie.

Don't tell a LL that he can't do liquidated damages when the law makes exceptions for it, especially by reading a tenant handbook.

[ Reply ] [ Return to forum ]


Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2023 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google