What are the rights of a tenant when a landlord’s property is taken?
When a landlord’s property is taken by the government through eminent domain in California, the tenant’s rights vary depending on the circumstances. Generally, when a tenant is living in a rental unit at the time the property is taken and the tenant has an active lease agreement, they are typically entitled to receive a relocation payment. This payment should cover the tenant’s moving costs and any additional expenses associated with the move. In some cases, the relocation payment may also extend to certain losses such as the cost of new furniture or appliances if the tenant can demonstrate that they were used before the property was taken. The tenant may also be able to submit claims for additional losses such as the cost of utility deposits or higher rent in the new property. In addition to relocation payments, most tenants are entitled to receive a thirty-day notice before being required to move. This notice should include information about the property being taken, the relocation payment, and any other relevant information. The tenant is also generally entitled to a refund for the remaining portion of their monthly rent if the property is taken before the end rental period. Finally, if the tenant’s rights are not being honored, they may wish to contact an attorney. A qualified lawyer can help the tenant understand their rights and ensure that the landlord is adhering to the law.
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