What are the rights of a tenant when a landlord’s property is taken?

When a landlord’s property is taken using Eminent Domain Law in Florida, the tenant’s rights depend on the type of taking. In a physical taking, the tenant may be entitled to compensation for the loss of their tenant’s rights. This includes any rent he or she has already paid, any security deposit, and any moving costs incurred during the tenant’s relocation. In a non-physical taking, the tenant is not entitled to relocation assistance. However, the landlord may be required to either purchase the tenant’s right to remain on the property, or to pay the tenant some form of compensation. If the taking is for public use, the government must pay the tenant just compensation for the tenant’s rights and interests. If the taking is for economic development, the tenant might be entitled to money for relocation expenses, the value of the tenant’s improvements to the property, or a portion of the increased value of the property. Finally, if the landlord is not the one being compensated for the taking, the tenant may be entitled to a portion of the payment from the government. Tenants should be familiar with their rights under Eminent Domain Law in Florida and how the law applies to their particular situation. Tenants should also be aware of the rights and limitations of tenants in other states, as well as the differences between physical and non-physical takings.

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