Cabinets and Monitors Are 'Trade Fixtures' that Tenant Can Remove

April 6, 2020

What Happened: Ultimately, the tenant who leased property to open a marijuana retail store was found to have no excuse for moving out and not paying rent. But there was another question the court had to decide: Did the tenant have the right to take the bolted-down glass display cabinets, television monitors that were affixed to the walls, and outdoor air conditioning unit? The trial court said no, ruling that the items were fixtures that formed part of the property.  

What Happened: Ultimately, the tenant who leased property to open a marijuana retail store was found to have no excuse for moving out and not paying rent. But there was another question the court had to decide: Did the tenant have the right to take the bolted-down glass display cabinets, television monitors that were affixed to the walls, and outdoor air conditioning unit? The trial court said no, ruling that the items were fixtures that formed part of the property.  

Decision: The Washington appeals court reversed and took back the $6,700 damages the lower court had awarded the landlord.

Reasoning: The items weren’t fixtures but “trade fixtures” that the tenant could remove. The cabinets and monitors were used to display products and part of the tenant’s business; they were also relatively easy to remove without damaging the property, reasoned the court. And unlike the indoor AC unit, which the tenant did leave in place, the outdoor unit hadn’t been fully installed and connected to the building.  

  • CCT Constr., Inc. v. 4Ever Healing, LLC, 2020 Wash. App. LEXIS 851

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