Wednesday, January 21, 2015

I own a small commercial property that I inherited after my uncles death, 1 unit was rented on a month to month by a beauty salon. She just ...

Question

I own a small commercial property that I inherited after my uncles death, 1 unit was rented on a month to month by a beauty salon. She just vacated after giving a 30 day notice, but when she left she took 2 sinks off the walls, leaving the pipes hanging and exposed.

She claims that :

1. since she bought them she can take them

2. they are "trade fixtures" so she can take them.

One was a utility sink while the other was a sink to wash hair.

The lease does not define these sinks as she was in tenancy when my uncle bought the property, however they were bolted to the walls, can I deduct the cost of replacement or repair from her deposit?



Answer

I think so. These sinks are fixtures and she should have left them there or at least asked for your agreement before removing them.



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