Rights To Tenant Property Upon Termination Of A Commercial Lease
2021
Publication| Real Estate Services
What follows is a discussion of landlord and tenant rights under Delaware law regarding improvements, trade fixtures, equipment, and other personal property at leased premises upon termination of a commercial lease. In particular, this article addresses how the law deals differently with property in the leased premises that is defined as improvements or fixtures, in contrast to that defined as trade fixtures or the tenant’s other personal property (sometimes referred to as chattels). Of course, this article also assumes that the lease is silent on the issue, as the language of the lease could ultimately control the outcome.
This article appeared in the Delaware Law Review, Volume 17, Number 2, published by the Delaware State Bar Association.