Legal Question in Real Estate Law in California

What is does the term "In Continuation" mean under the security deposit section of an apartment lease agreement.

Asked on 8/12/13, 3:44 pm

3 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Without context there is no way to interpret two words.

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Answered on 8/12/13, 5:24 pm

William Christian Rodi Pollock

Please post the entire provision.

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Answered on 8/12/13, 5:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Without questioning that the previous two answers are right, and I agree with them, I have a couple of possible meanings:

#1, the phrase might merely be telling a reader of the lease document to look in another part of the document, such as an appendix, attachment, exhibit, etc. (i.e., the "continuation").

Possibility #2 is that the phrase refers to the period during which the lease is in effect. I have looked in Black's Law Dictionary, which contains definitions for tens of thousands of words and phrases used in law, and "continuation" isn't one of them. I also searched several cases in which the phrase "in continuation" was used by the courts in writing their decision, and believe the judges were using it in the sense of "during the period the lease is in effect."

Now, there are several words or expressions relating to the period a lease is in effect. These include "term" "extension" "renewal" and probably others. If I had to guess, I'd say the judges meant "in continuation" to mean while the lease is in effect as intended by the lessor and lessee, including permissible extensions, but excluding any extension imposed by law and not agreed upon by the parties at the time of signing.

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Answered on 8/12/13, 6:04 pm

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