What if I am a tenant and rent or lease property that is condemned?
If you are a residential or commercial tenant, you are also entitled to compensation. The first form of compensation is provided by the Uniform Relocation Assistance Statute. Eligibility for relocation assistance depends on a number of factors and you need to consult an attorney to discuss your rights and options.
The second form of compensation a tenant may receive would depend on whether the tenant possesses a positive leasehold interest in the property. Basically, if the actual amount of rent the tenant pays is less than then the market rent, then tenant would have a positive leasehold interest. This leasehold interest is part of the overall award to the landowner and places the tenant in an adverse position with the landowner once just compensation is established. In this case, he tenant would seek apportionment of the award.
If you are a tenant, it is imperative you get involved in the action and work with the landowner to recover the greatest award before you assert your right to apportionment. This is a very difficult and little known process that you should ask an attorney to explain.
What is relocation assistance?
Relocation assistance in a state and federal obligation the government agency must provide displaced landowners and tenants. Typically, if the government is attempting to take the entire piece of property, it will offer relocation assistance. Relocation assistance is statutory and varies depending on whether it involves a residential or commercial move. The right to relocation assistance is very fact driven and provides landowners and tenants with a number of options. Therefore, you will need to discuss these options with an attorney to determine what suits your situation and will entitle you to the maximum award.