Cal. Civ. Code § 1948
California Civil Code
Operative Text
The attornment of a tenant to a stranger is void, unless it is made with the consent of the landlord, or in consequence of a judgment of a Court of competent jurisdiction.
California Civil Code § 1948 addresses what happens when a tenant attempts to recognize a new landlord—a legal act called 'attornment'—without proper authority. Under this rule, such a recognition is legally void unless the original landlord has consented to it or a court of competent jurisdiction has ordered it. In effect, a tenant cannot unilaterally shift their tenancy obligations to a third party who was not previously their landlord.
Plain English — not legal advice.
Under Cal. Civ. Code § 1948, a compliant property owner or manager generally ensures that any transfer of a tenant's allegiance to a new landlord—such as in a sale or assignment scenario—is accompanied by the original landlord's documented consent. Operators typically formalize this consent in writing to avoid disputes about whether an attornment was valid. Without that consent or a court order, any such arrangement carries no legal effect and the original tenancy relationship remains intact.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1948 provides tenants with a protection against being bound to a new landlord without proper legal authority. If someone claims to be your new landlord and demands rent or compliance without the original landlord's consent or a court order, that claim of authority may be legally void under this provision. Tenants who encounter such situations may wish to consult a tenant-rights organization or legal aid office to understand how this rule applies and what options exist, including raising the invalidity of the attornment as a defense in any related proceeding.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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