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I leased a building from a man, i installed free standing equipment, does he have the right to keep it?
I leased a building, in the contract it states that all fixtures will become property of the landlord. The contract was not explained to me as far as the definition of a fixture. (my fault) but, my definition of "fixture" does not include restaurant equipment (free standing). Does he have the right to keep this equipment?
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Technorati Tags: landlord, restaurant equipment
September 7, 2009 | Filed Under Equipment Leasing Questions
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3 Responses to “I leased a building from a man, i installed free standing equipment, does he have the right to keep it?”
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Questions|Answers
- Wildcat on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- Mr Placid on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- Common Sense on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- Designer Dogs are fancy mutts on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- chatsplas on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- Ranger4402 on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- pickmefirstplz on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- the kid on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- magicbird on Do you think apartment complexes should be sued for failure to provide services aside from maintenance?
- rpg on What kind of bankruptcy options?
- rhsaunders on Net present value?!?!?
- in the China Shop on I want to open a restaurant?
- Sam San on I want to open a restaurant?
- Henry on I want to open a restaurant?
- Metal M on What do you think about my business idea…could this work?
If it is not bolted, screwed, or fastened to the wall or floor in any fashion, then it is NOT a fixture.
"The article must be physically annexed to the realty or something appurtenant thereto in order for it to become a fixture. Annexation to land occurs when the object is permanently affixed to the property through the application of plaster, cement, bolts, screws, nuts, or nails."
No, he does not.
I don’t think so. If it was bolted or screwed into the wall (in such a way that to remove the item would cause damage), then it’s a fixture. If you rented a home from this guy, would he try to keep your furniture at the end of the lease? Luckily, if he wrote the lease (or his lawyers did) and the definition of "fixture" is omitted or too vague, the courts typically side with the party who didn’t write the contract (unless it’s just common sense).