The termination or partial termination of a lease pursuant to this article shall be at the earlier of the following times:
§ 1265.140.Time of Termination
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 1265.140 fixes the moment a lease terminates or partially terminates under this article at the earlier of two events: the time title passes to the condemning party, or the time the plaintiff is authorized to take possession under a possession order.
Full Text of § 1265.140
(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.
Plain-English Summary
Sections 1265.110, 1265.120, and 1265.130 all say a lease terminates or partially terminates -- this section says exactly when. The termination takes effect at whichever of two events happens first: the moment title to the property passes to whoever will put it to the public use, or the moment the plaintiff is authorized to take possession, as stated in an order for possession under § 1255.410 and following.
Pinning down that moment matters for rent, for the lessee's obligations, and for calculating what the lessee is owed -- possession under an early-possession order often arrives well before title formally transfers, so this section makes clear that the earlier of the two events controls.
Frequently Asked Questions
What are the two events that can trigger lease termination under this article?
Title passing to the party who will put the property to public use, or the plaintiff becoming authorized to take possession under a possession order.
Which one controls if they happen at different times?
Whichever event happens earlier.
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: when lease terminates eminent domain californiapossession date lease termination condemnation