A chef rented property to run a restaurant and securely fastened commercial-grade kitchen equipment. Which statement is correct?
Correct Answer
A) Chef can remove equipment before lease termination
Answer A is correct because trade fixtures — commercial equipment installed by a tenant to conduct their business — may be removed by the tenant before the lease terminates, even if they are securely fastened to the premises. California law, consistent with the common law trade fixture doctrine, recognizes that commercial kitchen equipment installed by a restaurant operator retains its character as personal property belonging to the tenant, provided it is removed before lease expiration and any damage from removal is repaired. The key legal test is not the degree of physical attachment but the purpose of the attachment — business use by the tenant.
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