tenant/landlord........can she keep my equipment???

[linda makara]

Three years ago I entered into a lease agreement. Due to higher rents, I've decided not to renew the lease. I've found a bigger area to rent, at a more affordable price. I am owner/operator of a beauty salon, the present landlord thru her lawyer, insists that I leave my mirrors, counters, sinks, and sink chairs, that they become her property, because they are screwed into the walls, and floors. My lawyer said to take them and deal with her thru the courts. I can't afford to operate without them, they are my equipment which is vital in my day to day operations.I've sinced researched the tenant rights listed on the legal site to get the definition of fixture, and the definition i got was that my personal property such as my equipment does not refer to fixtures... The land lady believes that my equipment belongs to her.... I plan on taking them when I leave. So can you tell me what rights I have..

 

[HomeGuru]

You need to be aware of commercial real estate laws. First, read what your lease states. If it is a standard commercial lease then there should be a clause that states that those items are considered fixtures and therefore become the property of L. If the items are attached to the walls, floors, ceilings etc. of the building and removal of said items would cause damage, then said items are considered fixtures that legally now belong to L.
True, the items were your personal property, but you made them the property of L once you attached them to the building.
I bet even your own attorney would agree with me, but based on the fact that you need these fixtures to continue to operate in another location, your attorney is advising you to take or steal these items and face the consequences later.

In this instance your L is correct.

 

[LL]

Take your equipment, but unscrew them from the walls, plaster up the holes, paint, and leave the premises in exactly the condition you found them in, without any damage at all from your modifications.

 

[linda makara]

Who is getting the best out of this deal?

The only repair necessary would be to fill screw holes, sand, prime, paint. Minium expense! We put into the place approx. $4500. [New floor tile, new carpeting, built a facial room, made major improvements, which improved the premises, commercially, and cosmetically.] We know we have to leave this. But we need the sinks, sink chairs to continue to operate in our new location. Also the landlord made promises in the lease, that they did not live up to.

 

[LL]

You need to remove the counters, sinks, sink chairs too,
and restore the floor to original condition, or improved.

Cover sink drains, and leave no trace that they were installed. That means you may have to do a new floor, but maybe its worth it.