You rent a new facility
and installed permanent partitions, fancy lights
and a large boiler. With a 15-year lease, it
looks like you're set until retirement. After
a year of happiness, the building burns to the
ground. You can't collect for the loss of the
permanent items you installed. Why? Because
they legally became the landlord's property.
Where will you find the funds for a new location?
The value of improvements to the real estate
of others can be very expensive.
A person investing in
improvements and betterments (alterations) to
rented property can insure the use value of
the changes. Permanently installed items or
items that devalue the property if removed generally
become the landlord's property.
You can insure against
the loss value of your changes. This begins
at cost. But as the years go by, since you have
had the use of your improvements, it is less.
Conversely, the landlord can insure the value
of your improvements. The term improvements
and betterments is an old one intended to convey
any type of improvement.
Another term, trade
fixtures, is an important one because it conveys
items like counters that can be removed legally
even though permanently attached to the rented
space. This is by custom but usually a lease
will cover trade fixture ownership.
Example.
Let's say I rent your space from you and I do
not like the lights. I tear your lights out
and install my own of much better quality. I
better save your lights because when I leave,
the space has to be made usable. In other words
it needs lights. The time to set ownership of
property installed in a landlord's building
is at the time of leasing.
Tip.
A proper lease takes into account questions
like who owns what and who will insure what.
That's the key to protecting both the lessee
and the lessor.
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