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HomeCivil CodeDiv. 3Pt. 1Ch. 2§ 1489 Debtor Performance Offer Locations

§ 1489 Debtor Performance Offer Locations

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

§ 1489 Debtor Performance Offer Locations

This law tells you where a debtor can make an offer of performance when there is no special rule saying otherwise.

Key Takeaways

  • •You can offer performance at the place the other side picks.
  • •Or wherever they can be found.
  • •If they can't be found nearby, you can offer at your own home or business if it's reachable.
  • •If none of those work, you can offer at any spot in the state.

Example

A tenant wants to fix a broken heater and offers to do the work for the landlord.

The tenant can give the offer at the landlord's chosen address, or wherever the landlord can be found, or if the landlord can't be located nearby, at the tenant's own home or business if it's easy to reach, and if none of those work, anywhere in the state is fine.

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

Official Source
View on CA.gov

§ 1489 Debtor Performance Offer Locations

In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor: 1. At any place appointed by the creditor; or, 2. Wherever the person to whom the offer ought to be made can be found; or, 3. If such person cannot, with reasonable diligence, be found within this State, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the State; or, 4. If this cannot be done, then at any place within this State. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

offer of performanceexpress provision to the contraryreasonable diligencewithin this State

Related Statutes

  • § 1485 Obligation Extinguished By Offer
  • § 1487 Debtor'S Performance Offer Rules
  • § 1490 Timely Obligation Performance
  • § 1491 Performance Timing And Demand
  • § 1492 Late Performance Compensation Offer

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1489.
View Official Source