Legal Question in Business Law in California

Re: Equipment

Your landlord is giving his view of the law of trade fixtures. Fortunately for you, his opinion is largely incorrect. There are cases in California allowing business tenants, including in at least one case hairdressers, to remove equipment etc. installed in order to carry out their trade. The fixtures must, however, be removed before the lease ends -- one minute after the least expires you have no right to remove anything.

The main limitations on the right to remove trade fixtures are (1) that you can only remove things you owned, and (2) the item must be removable without serious damage to the building. Even then, the landlord's remedy is to bill you for the repairs, not to claim ownership of the trade fixture.

You should nevertheless not just remove stuff, you should inform the landlord of your rights and give him advance notice that you intend to assert those rights with respect to listed items. That may avoid a confrontation or unnecessary lawsuit, or trouble getting your deposit refunded and good future references.

I also suggest you do a little further research on line about California trade-fixture law to pick up some of the fine points.

Re: Equipment

Even though I represent numerous landlords, don't always believed their point of view, especially in real estate transaction. Hopefully you are still a tenet in his property. Trade fixtures used in the business are removable even though they are affixed to walls and the floor. If they were not intended to become permanently affixed "forever" then you can remove them. You must do so though want you or a tenet. Also, you must affixed to any damage done to walls or floor as a result of your removal. This always becomes a sticky point after the tendency has expired. I would tell you to take pictures of the walls and for both after you remove the fixtures and then after you fix or repair the damages, holds left. They should be minor holes from screws or bolts. They are not large holes where Sheetrock has been pulled away in large sections. Hopefully there should be some cooperation between the landlord and the tenet in the situation. It is not only a legal situation but a realistic one that should involve cooperation between the parties. I am in the San Francisco Bay Area and handle numbers of these situations, if you wish to contact me I am in '9 2 5 -- 945 -- 6000.

Re: Equipment

Trade fixtures are removable even though attached. Any damage will require repair. Call to discuss additional questions.