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32. Was the removal by the tenant proper?
At the end of the lease term, the tenant failed to vacate the premises in a timely manner and continued to pay rent while remaining in possession for another four months. Before vacating the building at the end of the fourth month, the tenant removed the appliances and the air-conditioning system that he had installed, causing no damage to the building.
A landlord orally leased a commercial building to a tenant for a 10-year term, which ended one year ago. At the beginning of the lease term, the tenant installed numerous appliances in the building as well as a large air-conditioning system. The tenant alone paid for these items; they were installed with the landlord's permission and were used for the tenant's commercial enterprise.
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A is incorrect. The status of the tenant is not relevant to the fixture analysis. Although the tenant continued to occupy the premises, he also continued to pay rent.
B is incorrect. Whether the lease was made orally or in writing is not relevant to the fixture analysis.
C is incorrect. Accession is the term to describe the intent of the annexor to make the chattel permanent. In this case, the air-conditioning systems were not accessions because the tenant did not have the intent to make the systems a permanent part of the building.