Legal Question in Landlord & Tenant Law in Virginia
Commercial lease dispute
I want to take my haircut stations and sinks from my existing barber shop to a new space and the landlord says I can't. If I take them, can he put a lien on the house that's in my husband's name when my name is the one on the lease?
1 Answer from Attorneys
Re: Commercial lease dispute
The haircut stations and sinks may well be considered fixtures and hence are not removable from your leased commercial site. You should carefully review the language of your lease to determine the correct legal characterization of these items.(You may need to consult with an attorney who deals with commercial leasing of property.)
The landlord cannot record a lien without first obtaining a judgment against you for the fair market value
of these items if they turn out to be
fixtures which are not removable by you from the leased premises. However, if you are not listed as an owner of record of the family home, the landlord cannot encumber this property with the lien which you've described (even if he or she were to obtain the above-referenced judgment against you).
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