Posted by Gene on February 02, 2010 at 15:47:33:
Your options are limited.
These are issues which should have been addressed when you purchased.
buy with salon in place…who keeps sinks, chairs? - Posted by kelly
Posted by kelly on February 01, 2010 at 19:17:24:
If chairs are attached to floor not just sitting on it, and obviously sinks are attached. If a salon moves or is evicted, and the lease doesn’t state the answer then who gets them?
It was the first time that question came up and it is not answered in the lease. I am assuming anything affixed to the building stays but that is a guess.
If it is not in the lease, does it need to be included and updated? And how exactly can you pleasantly phrase if for any reason you leave the items you put in will stay? I am making the assumption they would stay but please correct me if I am wrong.
Trash or treasures? - Posted by Rick, the Probate Guy
Posted by Rick, the Probate Guy on February 03, 2010 at 11:33:40:
Generally, personal property which become attached to the property like fixtures, are considered appurtent to the real estate and are sold with it, absent a written agreement to the contrary.
In CA, we also have a statutory notice that’s used when residential tenants depart leaving stuff behind: Notice of Belief of Abandonement of Personal Property. It’s normally sent out to the former tenant and after 15 days, if the value of the items is over $300, you need to auction or otherwise sell them in a manner prescribed by statute. If under $300, you can trash it.
Alternatively, you might just document and inventory everything, take photos, and place the valuable items in storage until you come up with your utimate solution.
However, you should check the laws in your State. Getting free legal advise only from a national forum is a bad idea.
BTW, according to my good friends, if you hang out in barbershops long enough, you’ll eventually get a haircut.
Re: buy with salon in place…who keeps what - Posted by Maurice
Posted by Maurice on February 01, 2010 at 19:23:54:
If it’s a commercial property any fixtures belonging to the tenant, are the property of the tenant. In other words he or she can take them when they move.
This should be spelled out in the lease.
You may want to consult a good real estate lawyer.
What do you want them for anyway?
Re: Trash or treasures? - Posted by Gene
Posted by Gene on February 03, 2010 at 16:46:36:
Rick,
In California the rules regarding fixtures generally are based on the tenant’s intent upon installation. These rules generally favor the tenant. You would have to prove that the tenants intent was to leave you fixtures.
The rules favoring the tenant also extends to “trade fixtures”.
I wouldn’t assume in CA that you are going to be able to lawfully keep trade fixtures which hold any real value. From my reading…you will likely lose.
The good news is that the tenant would be required to fix any damage which was caused by the installation or removal of the trade fixture.
Re: buy with salon in place…who keeps what - Posted by kelly
Posted by kelly on February 01, 2010 at 20:47:03:
I don’t want them at all. The place is for sale. A potential buyer had asked the question. I said I didn’t know but the buyer pressed on. It seemed to be a real sticking point for him. Since there is less than 5 sinks and chairs and he isn’t in the salon business I wasn’t sure why it was important.
The salon has been there forever and I don’t think is going anywhere. No need for an attorney to get involved over items worth less than 1k.
Re: buy with salon in place…who keeps what - Posted by Kristine-CA
Posted by Kristine-CA on February 01, 2010 at 22:00:48:
I’m as do-it-yourself and anti-lawyer for the basics as the next gal, but 5
salon chairs are worth more than 1K. I think your buyer is asking a good
question. But the answer is that the fixtures of the business belong to
the business. So, I can’t help but be curious, what’s the buyer’s next
question? 
Do you have a live one…or a tire kicker?
Re: buy with salon in place…who keeps what - Posted by kelly
Posted by kelly on February 02, 2010 at 08:03:11:
Ok, 3 chairs ane pneumatic - 200 each
3 sinks -110 each
1 dryer chair -250
3 desk/mirrors -100 each
14-1500 total. And that was just a quick scan on ebay.
The guy wanted his mom to live in apartment side of a mixed use building. I asked if he wanted the salon to stay and his answer was yes. It has been there over 10 years. I am starting to wonder if the salon is considering leaving.
Their rent went from 150(10 + years) to 200./mo. Still under market rent.
Maybe he wants his mom to run a salon.
Re: buy with salon in place…who keeps what - Posted by Maurice
Posted by Maurice on February 01, 2010 at 23:33:20:
I’m curious too. Is the beauty shop open as a going concern? Or abandoned? If the property is for sale and the beauty shop equipment is just sitting there, and the tenant vamoosed 2 years ago, that is a very different situation from being a going concern.
Re: buy with salon in place…who keeps what - Posted by Gene
Posted by Gene on February 02, 2010 at 12:43:17:
Have you talked to the owner of the salon?
Re: buy with salon in place…who keeps what - Posted by kelly
Posted by kelly on February 02, 2010 at 08:04:59:
The salon was there when prop sold a few months ago. It is still there. From what I have gathered though (very small salon) we are looking at no more than 1500. in supplies - as they are old and used and I just did a quick ebay search.
Re: buy with salon in place…who keeps what - Posted by kelly
Posted by kelly on February 02, 2010 at 12:53:33:
owner of salon wants to stay in place. Has been there forever, but rent just went up from 150-200. I can’t see the owner wanting equipment to stay if leaving.
Re: buy with salon in place…who keeps what - Posted by Bill H
Posted by Bill H on February 04, 2010 at 22:44:43:
Be very careful. Pawn Stars TV show just had an old barber chair and it was valued at $6,500.00…Salon Chairs…?
As a general rule the laws of fixtures says that “Trade Fixtures” are the proerty of the business owner and can be removed no matter how attached and take out and the building put back in good order.
I would NOT sell or dispose of them WITHOUT WRITTEN permission from the owner.
Good Luck,
Bill H
Re: buy with salon in place…who keeps what - Posted by Gene
Posted by Gene on February 02, 2010 at 12:56:48:
Did you ask them if the equipment was there when he moved in?
Re: buy with salon in place…who keeps what - Posted by kelly
Posted by kelly on February 02, 2010 at 13:03:30:
equip was set up with previous owners daughter and current salon owner over a decade ago. Previous owners daughter left a few years back and doesn’t want anything to do with the business now.
Re: buy with salon in place…who keeps what - Posted by Gene
Posted by Gene on February 02, 2010 at 13:19:30:
Then it sounds like the fixtures are owned by the tenant and the tenant would be able to remove the fixtures if they move out.
The tenant should be responsible to repair any damage they did during the instillation or removal of the fixtures.
Re: buy with salon in place…who keeps what - Posted by kelly
Posted by kelly on February 02, 2010 at 15:43:57:
Just playing devils advocate. Tell me if I am wrong. Since the building wasn’t seen before fixtures, I am going to assume a reasonable person would expect there wasn’t holes in the wall/flooring for the plumbing prior to the salon. Obviously at this point there are no photos to substantiate the condition. For all I know the salon may have improved it, but again due to the recent transfer on the property where does that leave the tenant with repairs?