Legal Question in Real Estate Law in California

I have a small commercial building, and rent to a hair salon

for the last 12 years..they gave there 30 notice and will be taking

everything they install for the salon (they rented a bare shell)

do items, such as cabinets bolted to the wall, wash basin..also

bolted to the wal, are part of the building or do the have a right to take

these items with them. thanks


Asked on 12/12/13, 1:44 pm

2 Answers from Attorneys

It's going to depend on the exact terms of your lease and how the items are attached to the building. The general rule is that "improvements" to the building belong to you, and "fixtures" belong to the tenant. However that can be varied by contract, and the distinction between the two can be pretty tricky.

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Answered on 12/12/13, 2:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Any specific provisions in the lease would control; look for language relating to "fixtures" or "trade fixtures." If there's nothing that covers the situation, keep in mind that court decisions tend to be rather favorable to a commercial tenant's right to remove trade fixtures. The items you mention were allowed to be removed by the departing tenant in one case I read as a law student. In contrast, in another case the tenant installed a furnace, which became part of the realty at the end of the lease. Note that the tenant is supposed to remove his fixtures before the end of the lease; he'll likely forfeit his right to them if they're left after he turns over the keys or abandons the premises.

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Answered on 12/13/13, 1:52 pm


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