Tenant Relocation Benefit Basics

Tenant relocation assistance is imperative for individuals and businesses who are displaced by a government project, an eminent domain taking, or a large-scale property redevelopment. Whenever a public agency, public utilities company, or other entity of government acquires property to build or repair infrastructure, extend roadways, or undertake other permitted public purposes, the existing tenants may be displaced. This often creates an enormous hardship on the tenants. The law acknowledges the hardships imposed and provides for the public agencies and their contractors to pay these tenant/occupants relocation benefits. The law has broad protections and describes what entitlements and payments tenants are entitled to under Virginia law. At Joseph V. Sherman, P.C., we help clients navigate this process to make sure they get all payments, support, and entitlements they are owed.

Who Is Eligible to Receive Relocation Assistance?

Residential and commercial tenants may be eligible for relocation benefits if displaced as a result of a government or utility project. Common eligibility criteria include the tenant’s lawful occupancy, duration of tenancy, and compliance with the lease. Residential tenants (both homeowners and renters) generally are entitled to moving expenses and assistance in obtaining comparable replacement housing. For businesses, additional legal requirements may exist, including compensation for the cost of moving inventory, machinery and business equipment, as well as other costs to re-establish business activity. Joseph V. Sherman, P.C. assists clients in determining eligibility, documenting claims, and maximizing all benefits available under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (UREPA) and relevant Virginia law.

Relocation Payment Types

Relocation benefits are meant to compensate you for the losses in time and money that result from a forced move. Depending on the circumstances, you may be eligible for:

• Moving costs: reimbursement for transporting, packing and insuring your or your business’s personal property.
• Replacement housing payments: extra money to make up the difference between what you currently pay in rent and what it takes to pay for comparable housing, in the case of a residential relocation.
• Business re-establishment costs: compensation for utility hook-up fees, installing new equipment, getting new signage, etc. for commercial relocated businesses.
• Direct loss of tangible personal property: if certain items can’t be moved, you can get paid for them.
• Search expenses: reasonable costs associated with searching for a new location (in the case of businesses) may be reimbursed.

Our firm will work with our clients to uncover all the compensation categories they are eligible for and make sure nothing is left out.

How to Ensure You Receive all of Your Relocation Benefits

While government agencies and condemning authorities sometimes provide an initial relocation package, this is frequently not inclusive. It is critical to:

• Respond in a timely manner to notices of displacement/condemnation;
• Document all moving related expenses and losses;
• Thoroughly review all relocation offers and benefit calculations; and,
• Appeal or otherwise reconcile when the initial offer doesn’t reflect actual costs of relocation.

Joseph V. Sherman, P.C. represents clients at every step of this process, advocating on your behalf, preparing and filing required claims, and arguing with an agency until you receive the maximum compensation permitted by law.

Common Tenant Relocation Issues

Many tenants encounter hurdles when attempting to claim relocation benefits. There may be a dispute over eligibility, assessment of relocation benefits may not be sufficiently high, or there may be unhealthy agency delay. Commercial tenants particularly may have difficulty demonstrating losses and justifying re-establishment expenses, resulting in an inadequate compensation result. Residential tenants at times may be pressured to accept early settlement offers without full knowledge of their rights. Joseph V. Sherman, P.C. has substantial experience moving past these obstacles. We work with clients to assist them in compiling the requisite proof, clearing agency objections, and where needed, litigating to vindicate their rights. Our individualized approach assures that each case gets the attention it deserves, and the strategy required to achieve a client’s goals.

Why Joseph V. Sherman, P.C. for Your Relocation Case?

Focused exclusively on property rights, eminent domain law, and tenant relocation, Joseph V. Sherman, P.C., is a leading advocate for displaced tenants across Virginia. The Firm’s principal, Joseph V. Sherman, is a leading practitioner in the field recognized as a Rising Star by Super Lawyers and a Top Lawyer by Coastal Virginia for several years. Displaced tenants value our straightforward advice and passionate representation. Our firm takes special care of our clients, who are mostly homeowners, farmers, and business owners with a place at stake. We treat you like family, and keep you informed of your options and the process from beginning to end.

Our Client-Centric Process: Personalized Guidance from Start to Finish

We start every case in a free initial phone consultation to understand what you’re facing and advise you of your rights. If you instruct us, we then provide the representation you request – preparing forms, contacting agencies, building your case and negotiating for you. We are hands-on and responsive to your needs with an unwavering focus on clearly communicating with you at every turn. If litigation or an appeal is needed, you can count on us using our proven trial experience and extensive knowledge of property law authority to handle it as efficiently as possible. We will not waste your time or money, but we will ensure you recover all compensation to which you are entitled.

Tenant Relocation Benefits FAQs

Q: How soon must I respond to a displacement notice?
A: Immediately. Deadlines affect your entitlement to payment. Retain an experienced attorney right away to protect your rights.

Q: What if the government’s offer of relocation assistance is not enough?
A: Most initial offers are based on only partial or incomplete information. Let us review and if necessary contest the offer so that it accurately reflects your actual losses and expenses.

Q: Are businesses eligible for lost profits as part of the business relocation payments?
A: Generally, lost profits are not a compensable element under relocation statutes. You may however have an entitlement to moving expenses, re-establishment expenses and direct loss of property. We can help you pursue all permissible claims.

Q: Do I need an attorney to file a claim for relocation benefits?
A: You do not have to hire an attorney. But knowledgeable legal counsel can help ensure that you get full and fair compensation and navigate through the complexity of the process.

Next Steps: Protect Your Rights and Your Benefits

If you or your business has been forced to relocate due to an eminent domain taking, public project, or redevelopment program in Virginia, do not just hope that your relocation and/or moving compensation is calculated right. Joseph V. Sherman, P.C. will work hard to ensure that everything is done right the first time so that you can start the next chapter of your life without having to worry about the costs. Working with a knowledgeable law firm can help you maximize your relocation/moving benefits or-should there be a dispute-ensure that your rights are protected. We offer a complimentary initial consultation during which you can ask questions regarding your case and receive simple answers and advice. Call our office at (757) 350-8308 to schedule your appointment, come to meet with us at 324 W. Freemason Street, Norfolk, VA 23510, or fill out an online contact form. Measure twice and then cut once-work with a property rights lawyer who will get it right the first time.