easy · National Real Estate Exam property-management
A commercial tenant installs heavy-duty walk-in coolers and specialized shelving for a grocery store. At the end of the lease, the tenant removes these items, causing minor damage to the floor that the tenant repairs. The landlord claims the coolers are fixtures and must stay.
The tenant is likely to:
- Win, but only if the items were listed as personal property in the original lease agreement.
- Win, because these are trade fixtures and can be removed before the lease expires.
- Lose, because any item bolted to the floor is a permanent fixture.
- Lose, because the damage to the floor, even though repaired, proves the items were permanent.
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