Lessee Damages Flashcards

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1
Q

Why does lessee get $?

A

Considered a property owner.

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2
Q

Why check lease provision?

A

Typically exclude commercial T’s rt to share in RE comp.

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3
Q

What wd smart T include in his lease?

A
LESSEE DMGS
-----------
Explicitly preserve rts to:
1	Statutory business damages.
2. 	Improvements installed by T.
3. 	Relocation assistance.
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4
Q

Unity Rule.

A

LESSEE DMGS

  1. RE valued as a single unencumbered piece.
  2. Then apportioned to leasehold and fee interest.
  3. A default rule that can be modified by K.
  4. If T not specifically excluded, he gets apportion.
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5
Q

Can commercial T get trade fixtures?

A

Value of fixtures less any salvage value = element of severance dmgs.

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6
Q

When might commercial T not get trade fixtures

A

If deemed personal property, get zero (no comp for dmgs czed by removal)
If deemed fixtures but lease excludes T from RE comp,, get zero.

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