Lessee Damages

Question 1

Why does lessee get $?

Answer 1

Considered a property owner.

Question 2

Why check lease provision?

Answer 2

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

Question 3

What 3 things wd smart T include in his lease?

Answer 3

Explicitly preserve rts to:
—
1) Statutory business damages.
—
2) Improvements installed by T.
—
3) Relocation assistance.

Question 4

Unity Rule.

Answer 4

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.

Question 5

Can commercial T get trade fixtures?

Answer 5

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

Question 6

When might commercial T not get trade fixtures

Answer 6

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.