I have a 1 year lease agreement...receive notice to quit as…

What will happen if the compressor needs to be repaired and when I remove it for repairs, I do not put it back because the repair cost is very high.

Can I remove all the bulbs when I vacate the bldg.

If the answer is yes so the same logic apllies for the compressor, isn;t it?

In my opinion, the compressor can be removed and should not be considered as a fixture. If repair works need to be carried out it has to be removed anyway and if I don't want to replace it or repair it so you mean that I will be liable to put a new compressor before I vacate the building. It does not make sense.

Anything which is moveable is not a fixture. This compressor is moveable because I can use it in my new walking cooler.

If the landlord wants to retain the compressor then he has to compensate me.

Please advise.

The first franchisee did all the lease improvements and install all the equipments brand new in the store.

I am the second franchisee purchasing the store as it is with all the equipments on a going concern basis. For my accounts and taxation purposes, I have to declare in my books and records all these equipments and the leasehold improvements in order I can benefit the capital allowances allowed.

Am I entitled to remove these equipments including the compressor in the walk in cooler?

Does the landlord has the right to keep the compressor without giving any compensation in monetary terms to the tenant?

I would like to have an answer with some justification where I can base my decision and anyway I am going to have a second opinion with a firm of law. But don't disappoint me if I get a different answer from the law firm which is more convincing than yours.

Kindly reply and I will definitely click accept after reading your answer. Trust me

I am located in Surrey, British Columbia in Canada

Many thanks for your clarification. I will need only your advice as per my case described below.

The compressor is being purchased and installed by the first franchisee. I am the second franchisee to this business. I purchaded the business on a going concern basis and as it is. The compressor is being used merely for the carrying of my business. The landlord rents the building naked and it is the tenant who has to do all the lease improvements and install all the required equipments in order to run his business. There is no clause in the lease agreement where the compressor is being described as a fixture. It is in the opinion of the landlord to state that the compressor is a fixture since the new tenant will need this walk in cooler. I am pretty sure the landlord will have told to remove the compressor if the new tenant would not have required a walk in cooler. Just give me your opinion and advice.

What will be your cost now if I will require a legal standing with all necessary evidence to justify the above arguments and with relevant precedences to support my case.