Hiring in General

Chapter 1 of Title 5 of Part 4 of Division 3 of the California Civil Code deals with hiring in general. Section 1925 provides that hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return the same to the former at a future time.

Section 1926 states that the products of a thing hired, during the hiring, belong to the hirer.

Section 1927 says that an agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.

Section 1928 explains that the hirer of a thing must use ordinary care for its preservation in safety and in good condition.

Section 1929 specifies that the hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care.

Section 1930 states that, when a thing is let for a particular purpose the hirer must not use it for any other purpose; and if he does, he is liable to the letter for all damages resulting from such use, or the letter may treat the contract as thereby rescinded.

Section 1931 specifies that the letter of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon in two specified circumstances.

Section 1932 permits the hirer of a thing to terminate the hiring before the end of the term agreed upon in two specified circumstances.

Section 1933 explains that the hiring of a thing terminates: 1. At the end of the term agreed upon; 2. By the mutual consent of the parties; 3. By the hirer acquiring a title to the thing hired superior to that of the letter; or, 4. By the destruction of the thing hired.

Section 1934 provides that, if the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases it is not terminated thereby.

Section 1934.5 specifies that the hiring of accommodations from month to month in a nursing or convalescent home must be terminated by the death of the patient by or for whom the hiring was made. The hirer or his heir, legatee, or personal representative is not liable for any rent due for accommodations under the hiring agreement beyond that rent due for the date on which such patient died.

Section 1935 states that, when the hiring of a thing is terminated before the time originally agreed upon, the hirer must pay the due proportion of the hire for the use as he has actually made of the thing, unless the use is merely nominal, and of no benefit to him.

Section 1938 requires a commercial property owner or lessor to state on every lease form or rental agreement whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp).

If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner’s or lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement that have impacted the subject premises’ compliance with construction-related accessibility standards, the commercial property owner or lessor is required to provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make.

Making any repairs or modifications necessary to correct violations of construction-related accessibility standards that are noted in a CASp report is presumed to be the responsibility of the commercial property owner or lessor, unless otherwise mutually agreed upon by the commercial property owner or lessor and the lessee or tenant.

The prospective lessee or tenant has the opportunity to review any CASp report prior to execution of the lease or rental agreement. If the report is not provided to the prospective lessee or tenant at least 48 hours prior to execution of the lease or rental agreement, the prospective lessee or tenant has the right to rescind the lease or rental agreement, based upon the information contained in the report, for 72 hours after execution of the agreement. The term “commercial property” is defined.