Tenants Rights & Eminent Domain

A tenant maintains certain rights in eminent domain.

Eminent domain is the process through which a governmental unit takes possession of real estate. The governmental unit pays a fair price for the property, which is then put to use for a purpose designed to benefit the public at large. A tenant with a lease agreement on such property maintains certain rights.

Lease

The primary right of a tenant in the case of eminent domain is to be able to remain in the premises for the lease term unless another agreement is made.

Quiet Enjoyment

The tenant's right to full use of the property cannot be interfered in any way as a result of the eminent domain action.

Time Frame

The tenant's rights associated with the real estate involved in eminent domain do not extend any longer than the existing lease term.

Misconceptions

There is a prevalent misconception that all tenants are entitled to compensation in an eminent domain case. In fact, only if there is an agreement to alter the lease terms might a tenant be entitled to some sort of compensation.

Warning

Issues pertaining to tenant's rights and eminent domain are complex. A person facing such a situation can best protect her interests by hiring a qualified real estate attorney.

References

• Property Rights and Eminent Domain; Ellen Frankel Paul; 2008
• California Eminent Domain Handbook

Resources

• TenantNet, Eminent Domain