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.
§ 1265.130.Petition to Terminate Lease Where Part of Property Subject to Lease 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 1265.130 lets a court, on petition of any party to a lease, terminate the entire lease following a partial taking if an essential part of the leased property was taken or the remainder is no longer suitable for the lease's purposes.
Full Text of § 1265.130
Plain-English Summary
This section is the escape valve from § 1265.120's default partial-termination rule. Either party to the lease can petition the court to terminate the entire lease -- not just the portion covering the part taken -- if the taking cuts deep enough.
Two grounds justify full termination: that an essential part of the leased property was taken, or that whatever remains is no longer suitable for the purposes the lease was written for. Either finding lets the court end the tenancy altogether, recognizing that a partial taking can sometimes gut a lease's value even when some square footage technically survives.
Frequently Asked Questions
Who can ask the court to terminate an entire lease after a partial taking?
Any party to the lease.
On what grounds can the court terminate the whole lease rather than just the part taken?
That an essential part of the property was taken, or that the remainder is no longer suitable for the lease's purposes.
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: terminate whole lease partial taking californialease no longer suitable eminent domain california