18. 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 will be legally entitled to remove the fixtures if they do so prior to the end of the lease. Since these items were installed as part of their fit-up, they may be classified as trade fixtures, which are typically removable by a tenant when they vacate the premises, provided the removal does not cause damage to the property.
A) No, because they are trade fixtures.
This option is incorrect. While trade fixtures are generally removable by a tenant, the statement does not address the crucial timing aspect. If Quality Supermarkets removes the fixtures before the end of the lease, they can retain ownership over them.
B) Yes, because they are appurtenances.
This option is incorrect. Appurtenances typically refer to items that are permanently attached to the property and are not removable. The classification of these fixtures does not support the idea that they can be removed simply because they are appurtenances.
C) No, because they are bolted to the floor.
This option is misleading. Although the fixtures are bolted to the floor, the legality of their removal hinges on the timing of the removal rather than their method of installation. As trade fixtures, they can be removed if done so before the lease ends.
D) Yes, if removed prior to the end of the lease.
This option is correct. Quality Supermarkets has the right to remove the fixtures as long as they do so before the lease concludes. Their classification as trade fixtures allows for this action, provided it is executed within the specified timeframe.
Conclusion
The correct answer is D, as it allows Quality Supermarkets to exercise their rights regarding the fixtures based on the timing of their removal. Options A, B, and C fail to consider the importance of the lease's duration, while only D accurately reflects the legal entitlements of the tenant concerning trade fixtures. Thus, the ability to remove fixtures hinges on the timing rather than their attachment to the property.