George Fiskar has been operating a hat store in the Cumberland Mall. George built the racks that hold his hats. The racks are floor-to-ceiling design and George custom-fit them to the curvature of the store walls. George's business has done well and he needs to move to a larger location. At the end of his lease, the landlord notified George that the hat racks had to stay because they were custom-made. Which of the following is correct?
A) The landlord is correct, the racks must stay.
B) The landlord is incorrect because all attachments in a commercial lease belong to the landlord.
C) The landlord is incorrect because the hat racks are trade fixtures and belong to the tenant.
D) The landlord is correct because without a lease provision the racks stay.
Correct Answer:
Verified
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