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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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How do I prove to my landlord that equipment is mine when he

Customer Question

How do I prove to my landlord that equipment is mine when he is saying it is a fixture. It is equipment that is specialized for the restaurant. I believe it is a trade fixture.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 5 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

The way to prove it is if you are able to remove it without damaging the property, and you are the one that put it in, you can take it back with you. That is what a 'trade fixture' is rather than a regular fixture--it must be able to be removed without damaging the property, must be necessary to your business, and must be removed at time of end of lease. Otherwise it becomes the property of the landlord, who historically owns all fixtures on the property once those fixtures are permanently installed. The best way to show that it is yours is to provide receipts, or even images from when you mvoed in and when you moved out and show that you installed it.

Sincerely,

Dimitry, esq.

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