The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-06-27
LANDLORD ANp TENANTS.
re. 9. The Teranrs Rish, to Removo
Fixtures.

nc. G. The Tenants Right to Remove
Fixtures.
U-der what circumstances m2y a
t-aant who has attached or alike
something 20 the real estate daring tbs
tenn OF his tenancy. eversise
10 right to detach 1t and
take IL away with himl
IN the first place it is an invariabis
fuio. we believe that where the right
EXISTS at all it can not be exercised
arer the tenants term has expired. II
exercised. It must be during his term
or Immediately at It's close. Once tho
tenants estate is ended he IS In tho DO.
siiion Of a stranger and can no; claim /
a right to enter for the purpose Of re-
moving fixtures. Thia of course. aside /
fiom any agreement with tile land.
lord permitting him so to do. The time
for removal may be extended. Merely /
being in possession does not give the |
tei ant the right to remove the articles. /
II the tenant holds over the term Of
his lease without the consent Of bis
inndlord he can not, after his term ex-
pres. remove the articles. During the
term" means during the time when he
is righuully in possession.
The main difficulty arising out Of the
subject is that of determining what is
removable and wha is not
Formerly anything substantially
rot Formerly anything substantially
affixed to the real estate by the teaant
ct uld not be taken away by him. the
law pIesumes tbat the tenant intended
the fixture to be a permanent i'm
prOvement TO the property. The old
law has been superseded by statutes
and decisions more favorable TO the
ttnsnt. as we shall see.
There are several tests applied by
the courts In settling questions Of this
kind between landlords and tenants.
They are as follows
First-Can the thing be removed
without injury to the property If it
can not, this goes far in determining
the question in favor Of the landlord
Second.-was it intended by the
teuant, when affixed, TO be a perman-
ent addition to the property? If It vas
81 intended. the courts will incline to
prevent its removal.
Third--Was 1t affixed for temporary
use Of the business of the tenant, to
make the property more convenient for i
his own purpose, or for temporary or.
nament Ir so. it may in general be
taken away.
Aside from any agreement between
tie landlord and the tenant, which, by
the way, should be had If possible and
tts may be written OF verbal. the fore
gclng test viii usually settle the mat
ter
AS to what IS a permanent anlexins
as Intended in the second test aside
from the matter Of the intention of the
tenant it has been said that the mere
fac; that thing is nailed, or boltad or
sc1ewed to the floor. walls OF ceiling,
does not Of itself make the addition
permanent The intention 10 make a
permanent or temporary improvement
must often depend upon and be infer
red from the nature OF the article the
mode Of annexing. AID the purpose or
use OF the article.
An important variation in the general
rule is this: Where the premises are
leased for a particular purpose known
to the landlord, it is presumed Lat the
landlord assents TO the tenant putting
in any fixtures which are needed 70
mike the premises suitable for the
flurpose and removing them on his go
ing out but where the premises are
used Tor a purpose other than that for
which they were rented, or for a pur.
pese not known TO the landlord, such
presumption does not exist The rule
applies not only to shelving. counters.
sas natures, etc, but also TO engines.
hogers. machinery and even frame
buildings.
Again, nurserymen and florists may
remove their hot houses trees. plants,
because thay are part OF their stock
In trade and presumably the landlord
so understood when he rented while.
on the other hand. tenant generally
can not remove trees. bushes, flowers,
/ greenhouses, etc, though put in by
hn In general where the article or
articles annexed are personal in their
no.ure. and are meraly accessory to the
business and have been put In for thas
purpose and not as accessories to the
real estate. they belong to and may be
removed by the tenant Hence the