Help with Fair Housing question

Question

1.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, and shelves. When Quality Supermarket vacates the property at the end of the lease, will Quality Supermarkets be legally entitled to remove these fixtures? 

1. no, because they are trade fixtures 

2. yes, because they are appurtenances 

3. no, because they are bolted to the floor 

4. yes, if removed prior to the end of the lease 

Answer 1

The correct answer is:

4. Yes, if removed prior to the end of the lease.

The meat and dairy coolers and shelving are considered trade fixtures because Quality Supermarkets installed them for the purpose of conducting its business. Trade fixtures are an exception to the general rule that permanently attached fixtures become part of the real property.

Even though the equipment is bolted to the floor, the tenant generally has the right to remove its trade fixtures, provided they are removed before the lease expires and the tenant repairs any damage caused by the removal.

Therefore, the best answer is:

4. Yes, if removed prior to the end of the lease.