Legal Question in Landlord & Tenant Law in California
I have an informal lease for a small barber shop that I operate in a commercial building. I purchased the business about 4 years ago from a 3rd party and assumed tenancy without a written agreement with the owner, or landlord, of the building. In my purchase agreement the sinks (3) and mirrors are specified as being included in the sale. I plan to move my business and offer 30 days notice to the landlord. If I repair any wall damage, and leave the building in good shape, does my bill of sale protect me from any objection that the landlord may have if he considers the sinks to be fixtures?
Thank you
1 Answer from Attorneys
Sorry, but your bill of sale from the business owner is not binding on the landlord. I would strongly suggest that before you remove anything from that property that is attached in anyway to the building, you discuss it with the landlord, and get his written consent. I can guarantee that if you remove sinks and mirrors glued to the wall, the landlord is going to come after you for removing "fixtures" from the property that belong to him. EVEN IF the prior business owner installed them, many times in commercial tenancies many of the improvements installed by the business owner become property of the landlord upon installation and cannot be removed without permission of the landlord. A little time up front spent negotiating with the landlord will save you thousands in legal fees later. Also, make sure you get whatever agreement you have in writing.
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