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

In Washington, a tenant’s rights when a landlord’s property is taken under eminent domain law depend upon the type of tenancy. If the tenant has a lease for rent to be paid each month, then the tenant has the right to remain in the property until the end of the lease’s term as long as the tenant is taking care of the property and paying rent. The tenant must receive notice from the landlord and the government agency that is taking the land at least 90 days before the tenant must move. In addition, the tenant is entitled to receive compensation in the form of a relocation payment from the government agency. If the tenant is an at-will tenant, the tenant does not have the right to remain in the property. In this situation, the tenant is entitled to the same relocation compensation as a lease tenant, but no more rights. If the tenant is living in a mobile home or RV on the landlord’s property, then the tenant has the same rights as an at-will tenant but is also entitled to either a relocation payment equal to the value of the mobile home or RV or have the government agency pay the cost to move the mobile home or RV off of the property, whichever is less. In all situations, the tenant is to receive reasonable notice and relocation compensation. The amount of time for the notice and the payment for relocation compensation depend upon the details of the eminent domain case, and the tenant should contact a tenant’s rights attorney for advice.

Related FAQs

What is an eminent domain action?
What are the elements of a taking?
What is the eminent domain process?
How do I know if my property qualifies for eminent domain?
What is the difference between a condemnee and a condemnor?
What is the difference between just compensation and market value?
How does eminent domain work?
What is the difference between direct condemnation and inverse condemnation?
How can I challenge the public use of the property taken through eminent domain?
Can I receive compensation for the time spent on my property?

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