New Jersey Real Estate Exam Practice Question

Quality Supermarkets has taken occupancy of a retail building and has a long term lease. As part of their fit-up, they bolt to the floor their meat and dairy coolers, shelves and check out stands. When Quality Supermarkets vacates the property at the end of the lease, will Quality Supermarkets be legally entitled to remove these fixtures?

Correct Answer: D

Rationale: Quality Supermarkets can remove the bolted fixtures if done before the lease ends, as they are classified as trade fixtures. Trade fixtures are items installed for business purposes that tenants can remove upon lease termination, provided they restore the property to its original condition.

Option A is incorrect; while trade fixtures can be removed, the timing is crucial. Option B mischaracterizes the fixtures; appurtenances are typically permanent and remain with the property. Option C overlooks the distinction of trade fixtures; bolting does not negate their removable status if the tenant acts before the lease concludes.

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