Question

What happens to trade fixtures that are not removed by a time the lease expires?

A)The fixture must be removed by the owner and returned, even if it has been damaged in removal.
B)The fixture must be removed and destroyed, with any associated cost (i.e., removal to a landfill) to be paid by the former tenant.
C)The fixture becomes the property of the property owner to do with as the owner pleases.
D)The fixture must be removed by the owner and cannot be used by any future tenant without a side purchase agreement.

Answer 1

c. When a lease expires, trade fixtures that are not removed become the property of the property owner.

Step-by-step explanation:

When a lease expires and trade fixtures are not removed, the general rule is that the fixture becomes the property of the property owner to do with as they please (Option C). The property owner can choose to keep the fixture, sell it, or dispose of it. The former tenant is typically not responsible for removing or returning the fixture, unless there is a specific agreement in the lease requiring them to do so.

However, it is always important to consult the specific lease agreement and any applicable laws in the jurisdiction to determine the rights and responsibilities of both parties.