Atty, what if the lessor opted not to appropriate the improvement, however, the removal of the thing will damage the structure of the premises. Moreover, the issue was not stipulated in the signed contract. Finally, even an addendum to the contract was not given consent by the parties. What is the best option of the lessor?
Under the law, the lessee can remove the improvements provided such removal will not damage the leased premises. If doing so will damage the principal thing, then the lessee cannot remove it. But since the lessor does not opt to appropriate it and pay 50% of its value, then the improvement remains and the lessor gets to acquire it for free. There is no need to stipulate this in the contract because it is provided by law. If the lessee insists on removing the improvement and as a result the leased premises is damaged, then the lessee is liable to the lessor for pecuniary damages.
Atty, what if the lessor opted not to appropriate the improvement, however, the removal of the thing will damage the structure of the premises.
Moreover, the issue was not stipulated in the signed contract.
Finally, even an addendum to the contract was not given consent by the parties.
What is the best option of the lessor?
Under the law, the lessee can remove the improvements provided such removal will not damage the leased premises. If doing so will damage the principal thing, then the lessee cannot remove it. But since the lessor does not opt to appropriate it and pay 50% of its value, then the improvement remains and the lessor gets to acquire it for free. There is no need to stipulate this in the contract because it is provided by law.
If the lessee insists on removing the improvement and as a result the leased premises is damaged, then the lessee is liable to the lessor for pecuniary damages.