[RPPTL LandTen] Commercial lease - walk-in cooler owned by LL or Tnt?

[Manuel Farach]

It’s a mixed question of intent and fact as to whether it’s a fixture or not. If you can unplug it and remove it, then it’s probably personal property


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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, September 17, 2015 4:39 PM
To: Dennis Chen <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Commercial lease - walk-in cooler owned by LL or Tnt?

Fixtures by definition are permanently affixed to the real property and with the intent to do so. Being able to dismantle without any damage to the property leans in favor of personal property not a fixture.

Sent from Anthony Horky's mobile email
From: Dennis Chen
Sent: Thursday, September 17, 2015 4:11 PM
To: RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Commercial lease - walk-in cooler owned by LL or Tnt?


Client bought convenience store business ten years ago and also executed a asset purchase agreement with Seller.  The asset purchase agreement provided for the sale of two coolers.  Approximately two years later they purchased a walk-in cooler that can be dismantled and removed from the property.  LL was the Seller of the business and recently sold the building to Buyer.  Buyer wants client to sign a new lease and is listing the coolers as LL property.  LL argues that the coolers are fixtures and belong to LL.  Thoughts?

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:   (407) 392-1872
dennis at chenlaw.net<mailto:dennis at chenlaw.net>


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