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Does Civil Code Section1366 apply to a commercial shopping center?

El Cajon, CA |

Absent a statement in any governing documents, does Civil Code Section 1366 apply to commercial shopping cetter?

Attorney Answers 1


No, Civil Code Section 1366 applies to apartments, condominiums and planned developments, more generally multi-unit residential complexes.

Commercial complexes are not afforded the consumer protection laws of residential complexes in California so many leases and terms are out there, particularly relating to common area maintenance. Commercial shopping centers have a variety of ways the common areas are taken care of, depending on your lease terms. The lease will govern so it is best to have an attorney take a look at the issue.

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