Where all the property subject to a lease is acquired for public use, the lease terminates.
Divided InterestsLeases
Section § 1265.110
If the government takes over all the property that someone is renting for public projects, the rental agreement automatically ends.
lease termination property acquisition public use
Section § 1265.120
If a public project needs to use part of a leased property, the lease for the section that's taken ends, but the rest of the lease continues. The rent for the part that's taken no longer has to be paid.
Except as provided in Section 1265.130, where part of the property subject to a lease is acquired for public use, the lease terminates as to the part taken and remains in force as to the remainder, and the rent reserved in the lease that is allocable to the part taken is extinguished.
public use property lease lease termination
Section § 1265.130
If a piece of property that is leased gets taken for public use, anyone involved in the lease, like the landlord or tenant, can ask the court to end the lease. The court will end the lease if they agree that a crucial part of the property is taken, or what's left isn't suitable for its intended use anymore.
Where part of the property subject to a lease is acquired for public use, the court may, upon petition of any party to the lease, terminate the lease if the court determines that an essential part of the property subject to the lease is taken or that the remainder of the property subject to the lease is no longer suitable for the purposes of the lease.
property acquisition lease termination public use
Section § 1265.140
This law explains when a lease ends, either fully or partly, in the context of public use. It happens either when the public entity officially acquires the property title or when a court order allows the public entity to take possession of the property.
The termination or partial termination of a lease pursuant to this article shall be at the earlier of the following times:
(a)CA Civil Procedure Code § 1265.140(a) The time title to the property is taken by the person who will put it to the public use.
(b)CA Civil Procedure Code § 1265.140(b) The time the plaintiff is authorized to take possession of the property as stated in an order for possession.
lease termination public use property title acquisition
Section § 1265.150
This law section ensures that if you're a tenant, you still have the right to be compensated if the place you lease or any property you have an interest in is taken from you, either completely or partially.
Nothing in this article affects or impairs any right a lessee may have to compensation for the taking of his lease in whole or in part or for the taking of any other property in which he has an interest.
tenant compensation lessee rights property interest
Section § 1265.160
This law says that if a property is being taken for public use, any rights and responsibilities that are already spelled out in a lease still stand. So, if the lease covers what should happen when the property is acquired, those terms will still apply.
Nothing in this article affects or impairs the rights and obligations of the parties to a lease to the extent that the lease provides for such rights and obligations in the event of the acquisition of all or a portion of the property for public use.
lease rights public use acquisition property acquisition
