Likely because the application of the law is uncertain, commercial leases generally have detailed clauses dealing with the question of when a piece of equipment or an improvement installed in a premises becomes a fixture or remains a chattel. The answer matters as fixtures, in law, are considered to be part of the land and, at the end of a lease, ordinarily would revert to the ...
What happens if you lease a commercial retail space only to find, after several months of operation, that there is a pervasive and unpleasant smell in the place? Customers are complaining. Your employees are feeling ill. Your inventory might be getting damaged. The source of the smell cannot be found. Is this your problem or the landlord’s? Can you get out from under the ...
Landlords, tenants and law students all wrestle over what it means for something to be a fixture as opposed to a chattel. It matters to landlords because, at the end of a tenancy, fixtures can become their property and enhance the land value. It matters to tenants because they risk losing valuable assets installed on the premises as part of their business. It matters to law ...
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