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1 . Facts: Amira starts her own business selling children's books and offering children's entertainment at a small shop. Amira rents the shop from Llewellyn
Facts:
Amira starts her own business selling children's books and offering children's entertainment at a small shop. Amira rents the shop from Llewellyn Real Estate, Inc. LRE LRE and Amira sign a standard year lease contract beginning on April and ending on April Amira removes all of the old builtin book shelving left by the previous tenant, and she purchases and installs several very expensive, large new builtin shelving for books. She also brings in an expensive moveable children's slide with a small ladder for children to play on The small slide just sits on the carpet and is moved around the store frequently.
On March Amira moves out of the building and gave ample notice to LRE that she would no longer be leasing the premises. LRE sends a written letter to Amira giving her permission to enter the shop within hours after the lease expires to remove personal property.
On April Amira arrives to collect the slide, and brings tools to remove the builtin bookshelves from the shop's walls. That same day, LRE files an action in court to prevent Amira from removing the bookshelves and the children's slide from the shop claiming that they are part of the real property.
What is the likely legal result? Select the best answer.
The court will most likely consider the slide to be personal property, and the bookshelves to be personal property. Amira will be able to remove the slide and the book shelves on April as these are personal property. The bookshelves were very expensive, and cost is one of the key factors in determining whether an item is a fixture or personal property.
The court will most likely consider the slide to be personal property, and the bookshelves to be trade fixtures. Amira will be able to remove the slide on April as it is personal property. But, the bookshelves are trade fixtures, and Amira did not remove them before the end of the lease, and substantial damage may occur to the shop. Therefore, the bookshelves remain in the shop and are now owned by the real property owner, LRE. Whereas the slide may be removed per the hour graceperiod to remove personal property.
The court will most likely consider the slide to be a fixture, and the bookshelves to be a fixture. Amira will be not able to remove the bookshelves or the children's slide on April as these are attractive features for the new tenant who is also interested in entertaining children. The children's slide and the book shelving are now part of the leased premises as a fixture.
The court will most likely consider the slide to be a fixture, and the bookshelves to be personal property. Amira will be able to remove the bookshelves on April as these are expensive personal property. Whereas the children's slide may not be removed per the hour graceperiod to remove personal property because the children's slide is now part of the leased premises as a fixture.
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