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.
§ 1265.120.Termination of Lease As to Part of Property Taken
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 1265.120 provides that when only part of leased property is acquired for public use, the lease terminates as to the part taken but continues on the remainder, extinguishing the rent allocable to the part taken, unless § 1265.130 lets the court terminate the whole lease instead.
Full Text of § 1265.120
Plain-English Summary
A partial taking does not automatically end a lease the way a full taking does. This section's default rule is a split: the lease terminates as to the part of the property taken, but stays in force as to whatever remains. The rent the lease reserved gets adjusted accordingly -- the portion allocable to the part taken is extinguished, since the tenant no longer has that part to use.
That default gives way in one situation, spelled out in § 1265.130: if the taking is severe enough that the remaining leased space no longer serves the lease's purpose, or an essential part of the property has been taken, either party can ask the court to terminate the whole lease instead of leaving the tenant with a diminished remainder under a partially adjusted rent.
Frequently Asked Questions
Does a partial taking always leave the lease intact for what's left over?
Yes, unless § 1265.130 applies and a party successfully petitions the court to terminate the whole lease instead.
What happens to the rent when part of the leased property is taken?
The portion of rent allocable to the part taken is extinguished, while rent on the remainder continues.
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: partial taking lease rent adjustment californialease continues after partial condemnation california