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HomeCommercial CodeDiv. 10Ch. 2§ 10204 Lease Contract Formation Rules

§ 10204 Lease Contract Formation Rules

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 10204 Lease Contract Formation Rules

This law says that a rental agreement can be made in any way that shows both parties agree, even if it's not written down or some details are missing.

Key Takeaways

  • •A rental agreement doesn’t have to be written down—it can be based on what you and the landlord do.
  • •Even if you don’t know the exact moment you made the agreement, it can still count as a real rental contract.
  • •Some details can be missing, but as long as you both meant to make a rental agreement and a judge can figure out a fair solution, it’s still valid.

Example

You rent an apartment from a landlord, but you never signed a paper. You just shook hands and started paying rent every month.

Even without a signed paper, the law says this is still a valid rental agreement because you both acted like there was one.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 10204 Lease Contract Formation Rules

(a) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract. (b) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined. (c) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy. (Amended by Stats. 1991, Ch. 111, Sec. 8. Effective July 15, 1991.)

Last verified: January 10, 2026

Key Terms

lease contractagreementconductindefinitenessremedy

Related Statutes

  • § 2204 Sale Contract Formation Rules
  • § 10206 Lease Offer Acceptance Rules
  • § 10208 Lease Modification Requirements
  • § 10211 Lessor Warranty Against Claims
  • § 10212 Lease Merchantability Warranty

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 10204.
View Official Source