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See some of Saul Fenchel's eminent domain articles covering various subjects in Eminent Domain Condemnation.

Do I have to leave immediately - can I stay on as a tenant?

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It is common that the property owner or tenants will continue in possession of the property even after title to the property is taken. In these circumstances, the property owner’s status is converted to that of a tenant. In such circumstances, whoever is occupying the property now becomes the tenant of the condemnor and is responsible for a reasonable use and occupancy charge. The condemnor will initially set this charge, but the amount of the charge can be challenged. Frequently, the property owner and/or tenant could stay on for months and in some cases even years.

Keep in mind that to the extent that a rental is not paid for this period of time between the formal vesting date and the date of the award, the condemnor can claim a deduction from the total award equivalent to the accumulated use and occupancy charges due. Therefore, it is always good practice to resolve or, if necessary, challenge the use and occupancy charge early on so that it does not become an unwarranted deduction from the ultimate award, whether by settlement or trial.

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