2. Quality Supermarkets has taken occupancy of a retail building and has a long term lease. As part of their fit-up, they bolt to the floor their meat and dairy coolers, shelves and check out stands. When Quality Supermarkets vacates the property at the end of the lease, will Quality Supermarkets be legally entitled to remove these fixtures?
Answer: D
Yes, if removed prior to the end of the lease.
Quality Supermarkets may legally remove the fixtures they installed, such as meat and dairy coolers, shelves, and checkout stands, as long as these removals occur before the lease ends. This is because the fixtures are considered trade fixtures, which can be removed by the tenant during or at the end of the lease term.
A) No, because they are trade fixtures.
This option incorrectly states that the fixtures cannot be removed due to their classification as trade fixtures. In fact, trade fixtures are items that a tenant installs for business purposes and are typically removable by the tenant, provided they are taken out before the lease expires.
B) Yes, because they are appurtenances.
This option is incorrect because appurtenances typically refer to items that are permanently attached to a property and would not be removable by a tenant. The fixtures in question are classified as trade fixtures, not appurtenances, which means they can be removed.
C) No, because they are bolted to the floor.
While the fixtures are bolted to the floor, this does not prevent Quality Supermarkets from removing them as trade fixtures. The act of bolting does not make them permanent fixtures of the property but rather indicates that they are intended for business use, which allows for their removal.
D) Yes, if removed prior to the end of the lease.
This option is correct as it aligns with the legal principle that trade fixtures can be removed by the tenant before the lease expiration. Quality Supermarkets has the right to take their fixtures with them, provided they do so within the lease term.
Conclusion
The correct answer is option D, which accurately reflects the legal rights of Quality Supermarkets regarding the removal of their fixtures. Options A, B, and C incorrectly misinterpret the nature of trade fixtures and their removability, while option D properly acknowledges the tenant's rights under the lease agreement. Thus, Quality Supermarkets can remove the fixtures as long as they do so before the lease concludes.