Kilps v. Pawinski

The principal issue presented on this appeal is whether condemnation of a portion of the rented property constructively evicted the respondent as lessee.

This is a question of first impression in this state. It is well settled in other jurisdictions that the taking of the entire premises by condemnation operates to terminate the lease and release the tenant from liability to pay rent. In addition, although there is authority to the contrary, 2 the general rule is that a partial taking of a leasehold estate under the power of eminent domain does not amount to an eviction and the lessee remains…