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HomeCommercial CodeDiv. 10Ch. 3§ 10302 Lease Title And Possession

§ 10302 Lease Title And Possession

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

§ 10302 Lease Title And Possession

This law says that the rules for renting things (like cars or tools) apply no matter who actually owns them or who has them right now.

Key Takeaways

  • •The rules for renting stuff apply even if the rental company doesn’t own it.
  • •It doesn’t matter who has the item right now—the rules still count.
  • •This law stops people from saying ‘it’s not mine, so the rules don’t apply.’

Example

You rent a car from a company, but the car is actually owned by a bank.

The rental rules still apply, even though the bank owns the car and the rental company doesn’t have it at the moment.

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

Official Source
View on CA.gov

§ 10302 Lease Title And Possession

Except as otherwise provided in this division, each provision of this division applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent. (Added by Stats. 1988, Ch. 1359, Sec. 5. Operative January 1, 1990, by Sec. 11 of Ch. 1359.)

Last verified: January 10, 2026

Key Terms

lessorlesseetitle to the goodspossession of the goods

Related Statutes

  • § 10306 Lien Priority Over Leases
  • § 10310 Lease Priority For Accessions
  • § 10525 Lessor Rights After Lessee Default
  • § 10304 Subsequent Leasehold Interest Transfer
  • § 10308 Creditor Rights In Leases

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 10302.
View Official Source