Legal Question in Real Estate Law in California

Heavy machinery which is removable by fork lift is placed in a leased property. To run the machinery electrical wire is installed between electrical panel and machinery. Is this wire can be removed by the tenanet upon exiration of lease? Is it a trde fixture that belongs to lnadlord? This is in Torrance, California

jay Shah


Asked on 12/22/10, 5:01 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This sounds like an example of trade fixtures that can be removed by the tenant and do not become part of the landlord's real estate. However, the tenant may lose this right if the machinery is not disconnected and removed on or before the expiration of the lease term or any holdover (extension) period for which the tenant pays rent. Also, the basic rule of removability can be modified by the terms of the lease or unusual circumstances showing the parties intention at the time the lease was executed.

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Answered on 12/27/10, 10:32 am


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