SECTIONS 1265.110-1265.160 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1265.110-1265.160

1265.110. Where all the property subject to a lease is acquired for
public use, the lease terminates.

1265.120. Except as provided in Section 1265.130, where part of the
property subject to a lease is acquired for public use, the lease
terminates as to the part taken and remains in force as to the
remainder, and the rent reserved in the lease that is allocable to
the part taken is extinguished.

1265.130. Where part of the property subject to a lease is acquired
for public use, the court may, upon petition of any party to the
lease, terminate the lease if the court determines that an essential
part of the property subject to the lease is taken or that the
remainder of the property subject to the lease is no longer suitable
for the purposes of the lease.

1265.140. The termination or partial termination of a lease
pursuant to this article shall be at the earlier of the following
times:
(a) The time title to the property is taken by the person who will
put it to the public use.
(b) The time the plaintiff is authorized to take possession of the
property as stated in an order for possession.

1265.150. Nothing in this article affects or impairs any right a
lessee may have to compensation for the taking of his lease in whole
or in part or for the taking of any other property in which he has an
interest.

1265.160. Nothing in this article affects or impairs the rights and
obligations of the parties to a lease to the extent that the lease
provides for such rights and obligations in the event of the
acquisition of all or a portion of the property for public use.