New Jersey Real Estate License 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 fixtures, provided they do so before the lease ends. Fixtures that are installed for business purposes, like coolers and shelves, are often classified as trade fixtures, allowing tenants to take them upon vacating the premises.

Option A is incorrect; while trade fixtures can be removed, the timing is crucial. Option B misclassifies the fixtures as appurtenances, which typically remain with the property. Option C wrongly suggests that being bolted to the floor prevents removal; trade fixtures can still be detached if done before the lease expiration.

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