Legal Question in Business Law in Maryland
If a commercial tenant buys and maintains equipment for his business which is conducted on rented property in Maryland, what can the landlord claim as his own when the lease is satisfied and the tenant desires to move his business to another location? Plug in, movable equipment? equipment permanently attached to the landlord's property?
1 Answer from Attorneys
Generally speaking, unless the lease provides to the contrary, permanently attached equipment is considered to be fixtures and thus becomes part of the property, whereas moveable equipment remains the property of the tenant. This is why a commercial tenant should always have an experienced real estate attorney review a lease before entering into it. All such leases are heavily landlord-oriented. So if a tenant wishes to be able to retain ownership of items he installs that might be considered fixtures, he should negotiate for this before signing the lease.
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