Cal. Civ. Code § 1951.35

California Civil Code

In Force
Verified 6/11/2026 · Next check 7/11/2026
effective 1/1/2019CaliforniaEviction & Just Cause

Operative Text

Cal. Civ. Code § 1951.35
(a) This section applies only to commercial real property, as defined in subdivision (d) of Section 1954.26.
(b) Commercial real property shall be deemed abandoned by the lessee within the meaning of Section 1951.2 and the lease shall terminate if the lessor gives written notice of belief of abandonment pursuant to subdivision (c) and, prior to the date of termination specified in the lessor’s notice of belief
of abandonment, the lessee fails to give the lessor written notice stating that the lessee does not intend to abandon the commercial real property and provides an address at which the lessee may be served by certified mail in an action for unlawful detainer of real property.
(c) The lessor may give notice of belief of abandonment pursuant to this section only if the rent on the property has been due and unpaid for at least the number of days required for the lessor to declare a rent default under the terms of the lease, but in no case less than three days, and the lessor reasonably believes that the lessee has abandoned the property. The date of termination of the lease shall be specified in the notice and shall be not less than 15 days after the notice is served personally, sent to the lessee by an overnight courier service, or deposited in the mail.
(d) The lessor’s notice of
belief of abandonment shall be personally delivered to the lessee, sent by a recognized overnight carrier, or sent by first-class mail, postage prepaid, to the lessee at the lessee’s last known address, and, if there is reason to believe that the notice sent to that address will not be received by the lessee, also to any other address known to the lessor where the lessee may reasonably be expected to receive the notice.
(e) The notice of belief of abandonment shall be in substantially the following form:
Notice of Belief of Abandonment
To:
_____
(Name of lessee/tenant)
_____
_____
(Address of lessee/tenant)
_____
This notice is given pursuant to Section 1951.35 of the Civil Code concerning the real property leased by you at ________ (state location of the property by address or other sufficient description). The rent on this property has been due and unpaid for the number of days necessary to declare a rent default under your lease and the
lessor/landlord believes that you have abandoned the property.
The real property will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ________ (here insert a date not less than 15 days after this notice is served personally, sent by overnight courier service, or deposited in the mail) unless before that date the lessor/landlord receives at the address below a written notice from you stating both of the following:
(1) Your intent not to abandon the real property.
(2) An address at which you may be served by certified mail in any action for unlawful detainer of the real property.
You are required to pay the rent due and unpaid on this real property as required by the lease, and your failure to do so can
lead to a court proceeding against you.
Dated: _______
_____
(Signature of lessor/landlord)
(Type or print name of lessor/landlord)
(Address to which lessee/tenant is to send notice)
(f) The real property shall not be deemed to be abandoned pursuant to this section if the lessee provides any of the following:
(1) At the time the notice of belief of abandonment was given, the rent was not due and unpaid for the time period necessary to declare a rent default under the lessee’s lease.
(2) At the time the notice of belief of abandonment was given, it was not reasonable for the lessor to believe that the lessee had abandoned the real property. The fact that the lessor knew that the lessee left personal property on the real property does not, by itself, justify a finding that the lessor did not believe that the lessee had abandoned the real property.
(3) Before the date specified in the lessor’s notice, the lessee gave written notice to the lessor stating the lessee’s intent not to
abandon the real property and provided an address at which the lessee may be served by certified mail in an action for unlawful detainer of real property.
(4) During the period beginning at the start of the applicable rent default period and ending on the date the lease would have terminated pursuant to the notice, the lessee paid to the lessor all or a portion of the rent due and unpaid on the real property.
(g) Nothing in this section precludes the lessor or the lessee from otherwise proving that the real property has been abandoned by the lessee within the meaning of Section 1951.2.
(h) Nothing in this section precludes the lessor from serving a notice requiring the lessee to pay rent or quit as provided in Section 1161 or 1162 of the Code of Civil Procedure at any time permitted by those sections, or affects the
time and manner of giving any other notice required or permitted by law. Giving notice pursuant to this section does not satisfy the requirements of Section 1161 or 1162 of the Code of Civil Procedure.
Source: Legislative text reproduced verbatim
Plain English

Cal. Civ. Code § 1951.35 establishes a formal written-notice process by which a commercial landlord can have a lease deemed legally abandoned and terminated when rent has been unpaid long enough to trigger a default under the lease (but never fewer than three days) and the landlord reasonably believes the tenant has left. The lease terminates on the date stated in the notice—at least 15 days after delivery—unless the tenant responds in writing before that date with a statement of intent to stay and a certified-mail address. The provision also identifies specific circumstances under which a property cannot be deemed abandoned, and it does not replace or satisfy the separate pay-or-quit notice requirements under California Code of Civil Procedure §§ 1161–1162.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 6, 2026

Plain English — not legal advice.

For Property Managers

Operators of commercial properties governed by Cal. Civ. Code § 1951.35 generally confirm that rent has been unpaid for at least the lease's default period (and no fewer than three days) and that a reasonable belief of abandonment exists before issuing any notice. A compliant notice names a termination date at least 15 days out, uses the statutory form set out in subdivision (e), and is delivered personally, by recognized overnight carrier, or by first-class mail to the tenant's last known address—and to any other address where receipt is reasonably expected. Operators also recognize that this abandonment procedure is separate from the pay-or-quit process under Code of Civil Procedure §§ 1161–1162, and that both may be relevant depending on the circumstances.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Cal. Civ. Code § 1951.35 gives commercial tenants a clear window to prevent lease termination: delivering written notice to the landlord before the date specified in the abandonment notice—stating an intent to remain and providing a certified-mail address—stops the abandonment finding. Tenants may also contest an abandonment determination by showing that rent was not actually in default, that the landlord lacked a reasonable basis to believe the property was vacated, or that some rent was paid during the relevant period. Tenants facing a notice under this provision may find it useful to consult a tenant-rights organization or attorney familiar with commercial lease law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2019
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Cal. Civ. Code § 827
Cal. Civ. Code § 1947.13
Cal. Civ. Code § 1954.50

Related Rules

§ 127G
Removal from district to superior or housing court; transmittal of rents and removal fees
§ 17
Occupancy constituting tenancy at will; termination
§ 17A
Residential care and services; housing facility providers; eviction; hearing; jurisdiction

Source Information