Lessee Damages Flashcards
1
Q
Why does lessee get $?
A
Considered a property owner.
2
Q
Why check lease provision?
A
Typically exclude commercial T’s rt to share in RE comp.
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.
4
Q
Unity Rule.
A
LESSEE DMGS
- RE valued as a single unencumbered piece.
- Then apportioned to leasehold and fee interest.
- A default rule that can be modified by K.
- If T not specifically excluded, he gets apportion.
5
Q
Can commercial T get trade fixtures?
A
Value of fixtures less any salvage value = element of severance dmgs.
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.