UJI 13-709 NMRA
UJI 13-709. Partial taking of leasehold; damages to tenant.
Length: 144 wordsOfficial source
At the time of the taking, the tenant had a lease on the property for a term ending
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The tenant is entitled to recover money damages for the value of the leasehold loss,
which you find to have resulted from the taking. You shall determine any loss as follows:
from the fair rental value of the lease property immediately before the taking, subtract
the fair rental value of the remaining lease property immediately after the taking. [From
the resulting loss of the fair rental value, subtract the reduction in rent provided for in the
condemnation clause of the lease.]
[The tenant is also entitled to the value of the loss resulting from the taking or
devaluation of the fixtures and improvements which were owned by the tenant.]
Damages for leasehold loss should be discounted to present value as of the date of
taking.