Legal Question in Landlord & Tenant Law in Virginia

Trade fixture?

I have a auto repair shop and the auto repair shop has three lifts for us to lift the cars to to examine the under the car, etc.

We are in the process of being evicted and the landlord claims that the lifts belong to him because the lifts are affixed to the leased premises.

My question is does the landlord have a claim against the lifts? I believe they belong to me because the lifts were included when I purchased the business.

Isn't the lift a trade fixture?

Thanks for your help in advance.


Asked on 1/06/09, 10:41 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Trade fixture?

Yes, I would tend to side with your claim of ownership of these lifts, but I would want to review

your commercial lease for these premises as well as a copy of your purchase agreeemnt for the auto repair business before making a more definitive determination on the issue.

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Answered on 1/06/09, 3:03 pm


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