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snowcity73 · Nov 1, 2008, 07:09 PM

Hello,

My name is janice, I am from vancouver B.C. 1.5 years ago I bought this company from this man. He also owns the building that I bought the business from. I had been on a lease but the lease ended, and we could not agree on the term, then I became a month to month. Now as our company grew I moved out of the building. All the machinery that came along with the purchase are from china and the original owner had purchased another transformer to step down the electricity for the machine usage. Now that I moved I took that transformer with me. The landlord would not pay back the deposit because I had taken the transformer. The building already has one in there already.
If I don't have this transformer the machine will not work.
What should I do? I want to take him to small claims court, is this a good idea.
Help, I am so frustrated with this landlord. He is one of those " Out to milk every PENNY you have"

Thanks

Fr_Chuck · Nov 1, 2008, 09:50 PM

This is one for the court, a good attorney can argue this from either side, I could sit here and show you why you are right and I could also show you why he is right,

It may boil down to the common practice in your area for the moving of a transformer,
Unless it was listed as part of the equipment you were buying.

LisaB4657 · Nov 2, 2008, 07:22 AM

If the original lease did not address the issue of the transformer (and I assume that it didn't), then it basically comes down to one thing: was it "affixed" to the premises?

If the transformer was something that is mobile and you just plug it in or unplug it, then it is not considered a fixture and you are entitled to take it with you when you move. If it was attached to the premises in a more permanent manner, such as being wired into the building's electrical system, installed in a semi-permanent manner to the building or something similar, then it is considered a fixture and it is supposed to remain on the property after you leave.

Some commercial leases say that a tenant may take fixtures with them when they leave, even if those fixtures are not specified. Read the old lease carefully to see if there is anything in there about fixtures. (Yes, the terms in that lease still apply, even though it ended and you became a month-to-month tenant.)