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When doing a rental lease. And the term lease is used and…

When doing a rental...

When doing a rental lease. And the term lease is used and act. For example. If there is a conflict between any provision of this lease and the act, the act will prevail. How is the act and lease used the same

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

I don't understand the act

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 7 minutes by:
1/7/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,047
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

What state are you located in?

.

Are you talking about a statutory landlord tenant act?

.

What is it that you are trying to accomplish?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
California, a rental lease
Understanding of how act is used in the lease. What is the meaning of act in the lease agreement?

Ok, CA doesn't really have a landlord tenant act like some states. All CA laws regarding landlord tenant actions are in the CA Civil Code starting at 1925 to 1954.1 and then 1961 to 1995. But CA does refer to the civil code as The Act... so that may be what the lease is talking about..

.

But in a leasing situation, if the Civil Code (i.e. the Act) says one thing, and the lease says another, then the Act controls.

.

For example, if the lease says that the landlord can give one day as a notice for late rent, that conflicts with the Act that says that it requires a 3 day notice.. So the lease can't conflict with the law..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,047
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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