What are the rights of a tenant when a landlord’s property is taken?
When a landlord’s property is taken through eminent domain in Texas, a tenant’s rights are determined in accordance with the Texas Property Code. Generally speaking, the tenant has the right to stay in the property until the date of possession specified in the order of taking, unless the court specifies a different date. If the tenant has been in the property for a specified period of time, they may also be entitled to relocation assistance. This means they can receive certain financial assistance to relocate from their current residence. However, the tenant must provide written notice to the landlord or condemnor in order to receive such assistance. Most importantly, the tenant has the right to receive just compensation for any actual damages or lost profits resulting from the taking of the landlord’s property. For example, if the tenant is forced to relocate due to the eminent domain taking, they may be entitled to receive compensation for the cost of relocating, any lost wages due to the relocation, and any other damages caused by the taking. It is important to note that these rights are subject to specific legal requirements. Therefore, it is always best for tenants to consult an attorney before attempting to assert any legal rights in the event of an eminent domain taking.
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