Gluck v. Mayor of Baltimore

Citations

• 81 Md. 315
• 32 A. 515
• 1895 Md. LEXIS 88

Syllabus

<p>Eminent Domain — Condemnation of Part of Leased Property — Measure of Damages of Tenant — Abatement of Rent — Landlord and Tenant — Repairs.</p> <p>When there is a leasehold interest.in land taken under the power of eminent domain, the lessee is entitled to just compensation for the value of his interest, precisely as the landlord is entitled to compensation for the value of his interest; and the sum of these values must be the fall value of the property taken.</p> <p>A taking of part of demised land by condemnation is not an eviction, and the tenant remains liable, under his covenant, to pay the rent originally reserved, because nothing short of a surrender, a release or an eviction will discharge him from his covenant in this behalf.</p> <p>Where part only of property subject to a lease is condemned, the condemnation proceedings do not operate to abate any portion of the rent, and since the tenant remains liable to pay the whole rent, he is entitled to compensation for this element of injury.</p> <p>A landlord is under no obligation to make repairs upon the demised premises, unless he has covenanted so to do.</p> <p>For the purpose of widening a street, a part of a lot and building was taken under condémnation proceedings ; the front wall was tom down, and the removal of the elevator in the building was made necessary. Under the lease, which had upwards of ten years to run, the tenant was bound by a covenant to pay rent, and the landlord was under no obligation to make repairs. In the condemnation proceedings, damages for all injuries to the building had been awarded to the landlord. Upon appeal by the tenant from the award to him, Held,</p> <p>ist. That since the tenant was bound to pay rent, although the premises were made uninhabitable, and was himself obliged to make the repairs if he continued to occupy, he was entitled to be paid the amount necessary for making such repairs.</p> <p>2nd. That the fact that the full value of the property taken had been paid