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 wd smart T include in his lease?

Answer 3

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

Question 4

Unity Rule.

Answer 4

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.

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.