Where all the property subject to a lease is acquired for public use, the lease terminates.
§ 1265.110.Termination of Lease
Title 7. Eminent Domain Law · Chapter 10. Divided Interests · Article 2. Leases · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1265.110 provides that a lease automatically terminates once the entire property subject to it is acquired for public use, ending the tenancy outright rather than merely reducing its scope.
Full Text of § 1265.110
Plain-English Summary
This section states the simplest rule in Article 2. When all of the property covered by a lease gets acquired for public use, the lease is over -- it terminates by operation of this section, with no separate court order needed to end it.
That is the baseline against which the rest of the article works. Section 1265.120 handles the trickier case of a partial taking, where only part of the leased property is acquired, and § 1265.140 fixes the moment termination takes effect.
Frequently Asked Questions
What happens to a lease when the entire leased property is condemned?
The lease terminates.
Does the lessee need to do anything to end the lease in that situation?
No, termination happens automatically by operation of this section.
What if only part of the leased property is taken?
Section 1265.120 sets a different rule for a partial taking.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: lease termination eminent domain californiafull taking lease ends california