medium · National Real Estate Exam property-management
A tenant is renting a commercial space for a restaurant and installs a large, custom-built pizza oven that is bolted to the floor and vented through the roof. The lease is silent on the removal of equipment.
If the tenant's lease expires and they move out without removing the oven, what describes the oven's status under the doctrine of accession?
- It remains the personal property of the tenant indefinitely because it is a trade fixture.
- It must be sold and the proceeds divided between the landlord and tenant.
- The tenant can return any time within one year to reclaim it as an emblement.
- It becomes the property of the landlord because it was not removed before the lease ended.
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