Cal. Civ. Code § 660 defines a fixture as “A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods.”
If the landlord and tenant do not have an agreement regarding the removal of fixtures, then under Cal. Civ. Code § 1013, then the thing affixed, belongs to the owner of the land, unless he chooses to require the tenant to remove it or the tenant elects to exercise the right of removal pursuant to Cal. Civ. Code § 1013.5. Section 1013.5 says a tenant retains the right to remove such improvements or fixtures so long as the landlord is compensated for any damages proximately resulting from the removal of the fixture.
Landlords and tenants are best advised to enter into an agreement regarding fixtures, additions, removals and the disposition of fixtures after the tenancy is terminated.
If you are a commercial landlord in Los Angeles and have a commercial lease inquiry, contact one of our Commercial Lease Attorneys in Los Angeles today for a free consultation and case evaluation.