Also known as:relocatio · relocations · relocated · relocating · tacit relocation · tacit relocatio
Written by attorneys · grounded in primary & secondary sources — see below
Damages compensating a tenant for the reasonable costs incurred in moving to new premises after the tenant terminates the lease because of the landlord's default.
Sources & Authorities
How it applies
Common Examples
5
Tenant Claims Moving Expenses
Renata Russo leased commercial space from Riverfront Developments. After the landlord failed to repair a leaking roof that made the premises unusable, Renata terminated the lease. She then incurred documented costs to move her inventory and equipment to a substitute location. The court awarded her those reasonable relocation costs as damages.
Military Relocation Order Challenged
Ralph Richardson, a resident of Japanese ancestry, received an order directing him to report to a relocation center during wartime. He remained in the designated military area and was prosecuted for violating the exclusion. The Court upheld the order as a valid exercise of war powers rather than racial hostility.
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Statutes
Restatements
Casebooks
Dictionaries
Korematsu v. United States323 U.S. 214 (1944)
Parent Seeks Child Relocation
Rina Rahman and her former spouse shared custody of their child under a decree that included ne exeat rights. Rina sought to relocate abroad with the child for employment. The Court treated the ne exeat right as a custody right that required the other parent's consent or court approval before relocation.
Abbott v. Abbott560 U.S. 1, 8 (2010)
Detainee References Historical Relocation
Rajesh Rao, a citizen detained as an enemy combatant, argued that military detention authority could not extend to civilians. The government cited historical precedent involving relocation of citizens during prior conflicts. The Court distinguished the current detention from those earlier relocation programs while affirming limited procedural rights.
Hamdi v. Rumsfeld542 U.S. 507, 124 S. Ct. 2633, 159 L. Ed. 2d 578 (2004)
Contractor Seeks Relocation Assistance
Reliance Insurance bid on a federal highway project that triggered the Uniform Relocation Assistance Act. The company claimed disadvantaged-business status to qualify for relocation-related subcontracting compensation. The Court applied strict scrutiny to the racial presumption used in certifying eligibility for those benefits.
Adarand Constructors, Inc. v. Pena515 U.S. 200, 115 S.Ct. 2097, 132 L.Ed.2d 158 (Sup.Ct.1995)
Common questions
Frequently Asked
3
What damages are available when a tenant terminates a lease after landlord default?+
A tenant who terminates is entitled to reasonable relocation costs among other remedies. These costs cover the expenses of moving to substitute premises. The rule measures recovery by the actual reasonable expenditures incurred.
How does relocation function as a remedy in landlord-tenant disputes?+
Relocation costs become recoverable once the tenant elects to terminate because of the default. The award focuses on the expense of establishing the tenant in new space. It operates independently of lost lease value or other categories of damages.
Does the right to travel protect against durational residency requirements for benefits after relocation?+
A state may not impose a one-year waiting period that limits benefits for new residents to the level available in their former state. Such a restriction penalizes the decision to relocate and violates the Fourteenth Amendment. The rule applies even when the program is funded by local employer contributions.
323 U.S. 214 (1944)Constitutional Law
…on the West Coast, including curfew and exclusion from military areas. The petitioner had remained in the area, reported to a relocation center, but was charged with violating the exclusion order. The Court held that the exclusion order was a valid exercise of the war power, that it was not beyond the scope of congressional…