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

In Indiana, when a landlord’s property is taken via the process of eminent domain, the rights of the tenant can be a bit confusing. In general, the tenant will receive relocation assistance if they need to move. However, if the tenant does not need to move, the tenant will have the right to remain in the property unless the state or local government body can demonstrate that the tenant’s continued occupancy would interfere with the accomplishment of the proposed project. Even if the tenant does not have to move, they may still be entitled to payment for relocation assistance. If the tenant does need to move, then the tenant is entitled to receive reimbursement for their reasonable moving expenses, including the cost of packing, storage, and transportation. The tenant may also be eligible for a payment of up to two months rent as compensation for being displaced. The tenant may ask that relocation assistance or rental payments be provided as an allowance in the form of a check, or as a direct payment to the new landlord. In addition, the tenant has the right to receive written notice of the amount of time they are allowed to remain in the property, and of their rights to relocation assistance. The tenant also has the right to receive written notice of the availability of relocation assistance services and housing. Further, the tenant has the right to have their rent abated if they are forced to move before the end of their lease, and if they are unable to secure similar accommodations.

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

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