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Ayana Dubois, a chef, rented property in order to run a restaurant in California. Dubois purchased and installed a commercial-grade range, oven, deep fryer, and grill. To comply with safety regulations and protect her staff, Dubois has securely fastened all of this commercial restaurant equipment to the kitchen. Which of the following is a correct statement related to the restaurant equipment Dubois installed?

A (A)Dubois can remove this equipment from the property prior to the termination of the lease.

A fixture is an item of personal property that is so firmly attached to the land or the building that it is considered part of the real estate and transfers with the deed. An important exception to this rule is the "trade fixture." A trade fixture is something a tenant uses regularly in the course of the tenant's trade or business. Here, the commercial restaurant equipment that Dubois purchased and installed for her business is an example of a trade fixture that she will be able to remove--legally--prior to the end of the lease. B is incorrect. Typically, the tenant would need to remove a trade fixture prior to the end of the lease. After the end of the lease, the tenant would not have even have a legal right to be on the landlord's property. C is incorrect. Answer Choice "C" states the general rule for fixtures. But, because this restaurant equipment is used in the tenant's business, it will be considered a "trade fixture" that the tenant can remove before the end of the lease. D is incorrect. The lessor is the landlord. The rule related to trade fixtures is not dependent upon a decision by the landlord.

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