Legal Question in Landlord & Tenant Law in California
Tenant replaces cabinets and fixtures in functional beauty shop, then wants to close shop and remove the cabinets and fixtures.when he leaves. It is a furnished shop rented month to month.
1 Answer from Attorneys
I assume you want to know owns the cabinets and fixtures now. If it is specified anywhere when they were installed as fixtures, they become part of the property and will remain when the tenant leaves. The land owner may be required to pay some reasonable expenses if the propery value is improved by the fixtures. This is called the intent test between land owner and the tenant. If it is not specified, then the modification becomes fixture if its removal will significantly damages the property structurally. The tenant will have to pay for the removal and repair if necessary. The tenant usually is allowed to remove such modification before he or she leaves.