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[Dentist Lease] Jaston Rents Space for His New Dental Office

Question 61

Multiple Choice

[Dentist Lease] Jaston rents space for his new dental office. He installs a chandelier in the reception area and three new dentist chairs. Ten months into the one-year lease, Jaston decides to sublease one of the offices in his rental to a therapist, and tells the therapist to pay the landlord directly. At the end of the lease term, Jaston decides to close the office and move to a smaller space. The landlord, who apparently never received payment from the therapist, wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission. The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures.
-May Jaston remove the chandelier and take it with him?


A) No, since if there is nothing in writing that states otherwise, Jaston may not remove the chandelier and take it with him.
B) Yes, unless there is a writing that states Jaston cannot remove the chandelier.
C) No, lighting is always a fixture and cannot be removed and taken by the tenant.
D) No, items attached to real property are always fixtures and cannot be removed and taken by the tenant.
E) Yes, but only if the cost of the chandelier exceeded $5,000, then it is personal property.

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