section 6

Citation: section 6
Parent Document: 250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005)
Jurisdiction: California (state)
Effective Date: 2005-07-28
Original Source: https://www.courtlistener.com/opinion/2281319/250-llc-v-photopoint-corpusa/ ↗

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rent under the original lease, the tenant is to receive written notice from the landlord of the reletting of the premises and the term and rent under the new lease. An “advance payment” for purposes of section 1951.7 is defined, like a security deposit under section 1950.7, to include money paid to the landlord to secure performance under the lease. (§§ 1950.7, subd. (a), 1951.7, subd. (a).) 250 argues that there would be “no point” to section 1951.7 unless the landlord is allowed to retain the former tenant’s security deposit as security for future rent damages under section 1951.2. However, a former tenant exposed to such damages will have an interest in the landlord’s efforts to mitigate them by reletting the premises, whether or not the landlord retains the security deposit. “Section 1951.7 does not in any way affect the right of the lessor to recover damages nor the right of a lessee to recover prepaid rent, a security deposit, or other payment. The section is included merely to provide a means whereby the lessee whose lease has been terminated under Section 1951.2 may obtain information concerning the length of the term of the new lease and the rent provided in the new lease.” (Recommendation, supra, 9 Cal. Law Revision Com. Rep., at p. 171.)

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