Milford chronicle., 1905-06-16
POPULAR TALKS ON LAW.
Landlord and Tenant.


e Nos.-THE TENANTS RIGHT TO REMOVE FIX
: TUEEs.
Under what circumstances may q tcnRnL.whC
has attached or affixed something TO the rea
estate during the term OF his tenancy, thu
= right TO detach II and take it away with him'
I In the first place It is an invariable rule, w
, believe, that where the right exists at all il
can not be exercised after the tenants term
has expired. If exercised, Il must be during
: his term or lmm ediately at its close. Once
) the tenants estate Is ended he is In tie posi-.
tioA OF stranger and can not claim right
to enter for the purpose ofremoving fixtures.
, This, OF course. aside from any agreement
= with the landlord permitting him 80 TO do.
The time for removal may be extended.
Merely being in possession does net give the
tenant the right to remove the articles. 1.-THE
tenant holds over the term OF his lease with
out the consent OF his landlord be can Boz,
amer his term expires, remove the articles.
"Dudng the term" means during the time
when he Is rightfuliy in possession.
The main difficulty arising out OF the sub
ject is that OF determining what Is removable
and what is not. Formerly anything sub
stantially am xed to the real estate by the ten
act could not be taken away by him, the law
/ presuming that the tenant intended the fix
ture to be permanent improvement to the
property. The old law has been superseded
by statutes and decisions more favorable 10
the tenant 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 he removed without
injury TO the property II Il can not, this
goes far in determining the question in favor
Of the landlord.
Second, was It intended by the tenant, when 4
affixed, 70 be a permanent addition TO the /
property? lift was so intended, the courts .
Will incline to prevent It's removal.
Third. Was Il annexed for tenn porary use
Of the business OF the tenant, TO make the
property more convenient for his own pur-
poses, or for temporary ornament? II So. it
may in general be taken away.
Aside nom any agreement between the
landlord and the tenant (which, by the way,
should be had II possible and this may be
written or verbaD, the foregoing tests will
usually settle the matter.
As to what is a permanent annexing as in
tended IN the second test, aside from the mat
ter OF the intention Of the tenant, II has been
said that the mere fact that thing is nailed
or bolted, or screwed to the floor walls or cell
Ing, does not OF itself make the addition per /
manent The intention TO make a perma-
nent or temporary Improvement must often
depend upon aLd be inferred from the nature
Of the article, the mode OF annexiRg, and the
purpose or use Of the article.
An important variation in the general rule
Is this; Where the premises are leased for
particular purpose known TO the landlord It
Is presumed that the landlord assents to the
F-
needed to make the premises suitable for the
purpose and removing them on his going out
put where the premises are used for pur;
pose other than that for which they were
-ented, or for a purpose not known to the
andlord, such presumption does not exist.
The rule applies not only TO shelving, counters,
yas fixtures, etc. but also to neipes boilers
and even frame buildings.
Again, nurserymen and florists may re-
move their hothouses. trees, plants. because
hese are part OF their stock in trade, and
the landlord so understood when
ne rented, while, on the other hand, a tenant
generally cannot removes trees. bushes, fow-
srs, greenhouses, etc, though put in by MIN.
In general, where the article or articles an
lexed are personal in their nature and are
merely accessory to the business, and have
been put In for that purpose, and not as &C
,essOries to the real estate, they belong to and
may be removed by the tenant Hence the
stone piers OF a railroad bridge were held in
An Ohio case to be the property ofthe railroad
company aad removable as against the own
srs OF the land. A tenant has been allowed to
lake away kettles fixed In mortar. steam en-
gines, mills and even buildings constructed
for the particular purpose OF his business
Bat where the articles annexed were not pc
,ulisrly for the beueht Oft present busi-
ness but we're for any business that might be
carried on in the building, they will be taken
as belonging to the realty, as slate in roof,
iOors, gas-pipes, iron sink, etc.
HOuseholders may remove gas fixtures,
CRATES shelving, ete.,unless so afi xed as that
when removed they materially damage the
property.
In conclusion, 1t may be said that II the ar
icles in question are annexed for the special
purpose OF immediate profit. and make no
or customary appendage to the re-
Atty, and II they can be removed without in
ury to the value OF that which remains, they
1elong TO the tenant otherwise to the owner.
rhis, Of course, all aside from any agreement
between the parties.
In eur next installation We shall study the
enant's obligations and that Of the landlord
o make repairs.
TO be eontinued.)