My real estate law "problem"

[anonymoose]

There seems to be a few lawyers on this board and I'd be interested in hearing your take on this.

I recently retired as a dentist and sold my records and equipment to another guy down the street.
The dentist uninstalled a vacuum pump from the mechanical room and took it away.

The landlord for my building claims this was "permanently attached" . The relevant portion of the lease says, " Tenant will not remove any... equipment and improvements permanently attached to said premises....".

I received a certified letter from the landlord stating, "...I have to insist that any equipment that was permently (sic) attached to the building and removed, is returned and reinstalled before 1/1/2020 to cure this breach of contract," referring to the vacuum pump I assume, he just says dental equipment.
The pump is hard wired with three electrical wires and essentially screwed in to place , but this does take maybe a couple of hours of effort by someone who has experience installing equpment and not necessarily a plumber.

Normally I would just ignore this. Dental equipment is installed and uninstalled all the time, no big deal.
However this guy has a reputation of being a bully and is involved in lawsuits almost all the time. The last lessor in this space was a community health center dental clinic and they were involved in a lawsuit with this nut for several yrs. over the same thing and finally settled with him because it was costing so much.

Personally I prefer to stand up to bullies, I'm now retired and I have the time. BUT, I will be moving to Washington sometime next summer and simply do not want to get involved in a lengthy legal proceeding having to fly in to Anchorage, legal costs, etc.
And this is over a vacuum pump I can get refurbished with a warranty on eBay for $89 and have installed in a couple of hrs.
I read the relevant portion of AK real estate law and it looks like the legal question here is 'what is considered permanent attachment'.
Please advise.

[Celticguy]

You gotta give it back.
Curtain rods are so attached.

[archives]

Not a lawyer, but if you are retired it shows you are probability secure and don't need the hassle, so walk away, why bother, let jacob marley have his moment, what comes around goes around

Still ain't figured out how a guy who grew up and lived in Louisiana winds up and Alaska, and now Washington, no humidity, no gnats, isn't there a someplace in between?

[anonymoose]

You gotta give it back.
Curtain rods are so attached.

What about xray machines that were attached to dental cabinetry I placed that sits on the floor that happens to be attached to plumbing because a sink is part of the cabinetry? Said xray machines were taken but the cabinetry and sink are still there.

[Celticguy]

You gotta give it back.
Curtain rods are so attached.

I should say the thief needs to give it back. He had no right to steal it.

[anonymoose]

Not a lawyer, but if you are retired it shows you are probability secure and don't need the hassle, so walk away, why bother, let jacob marley have his moment, what comes around goes around

Still ain't figured out how a guy who grew up and lived in Louisiana winds up and Alaska, and now Washington, no humidity, no gnats, isn't there a someplace in between?

Answered already. Itchy feet after about 15 yrs. I can't stay in one place. Besides I had a great time for a while here. Used to do some serious whitewater kayaking, have world class cross country ski trails 10 minutes from my house, downhill skiing exactly 46 minutes from walking out my front door to sitting on the chair lift. The thrill is gone now. Time to move on.

[anonymoose]

I should say the thief needs to give it back. He had no right to steal it.

I thought about that. I was going ask him to give it back so I could reinstall it. The landlord probably would go after him too.

[Jack]

There seems to be a few lawyers on this board and I'd be interested in hearing your take on this.

I recently retired as a dentist and sold my records and equipment to another guy down the street.
The dentist uninstalled a vacuum pump from the mechanical room and took it away.

The landlord for my building claims this was "permanently attached" . The relevant portion of the lease says, " Tenant will not remove any... equipment and improvements permanently attached to said premises....".

I received a certified letter from the landlord stating, "...I have to insist that any equipment that was permently (sic) attached to the building and removed, is returned and reinstalled before 1/1/2020 to cure this breach of contract," referring to the vacuum pump I assume, he just says dental equipment.
The pump is hard wired with three electrical wires and essentially screwed in to place , but this does take maybe a couple of hours of effort by someone who has experience installing equpment and not necessarily a plumber.

Normally I would just ignore this. Dental equipment is installed and uninstalled all the time, no big deal.
However this guy has a reputation of being a bully and is involved in lawsuits almost all the time. The last lessor in this space was a community health center dental clinic and they were involved in a lawsuit with this nut for several yrs. over the same thing and finally settled with him because it was costing so much.

Personally I prefer to stand up to bullies, I'm now retired and I have the time. BUT, I will be moving to Washington sometime next summer and simply do not want to get involved in a lengthy legal proceeding having to fly in to Anchorage, legal costs, etc.
And this is over a vacuum pump I can get refurbished with a warranty on eBay for $89 and have installed in a couple of hrs.
I read the relevant portion of AK real estate law and it looks like the legal question here is 'what is considered permanent attachment'.
Please advise.

'Hard wired' is usually considered 'permanently attached'. (I'm not a Lawyer either)
Like, if you have a 'push in' stove that you can plug in, that's NOT 'permanent'. But, if you have a 'push in' stove that is 'hard wired', then THAT is 'permanent equipment'.

Moose: "... sold my records and equipment to another guy down the street."
Jack: Sounds like it's HIS Problem.

Was the Vacuum Pump yours? Or was it the Landlord's?
Is YOUR name still on the Lease?

[Celticguy]

What about xray machines that were attached to dental cabinetry I placed that sits on the floor that happens to be attached to plumbing because a sink is part of the cabinetry? Said xray machines were taken but the cabinetry and sink are still there.

If they were screwed to the fixtures then strictly speaking, gotta come back but i woukdnt volunteer that.

[Celticguy]

I thought about that. I was going ask him to give it back so I could reinstall it. The landlord probably would go after him too.

Landlord can only go after you. Your name is on the lease.

[PostmodernProphet]

There seems to be a few lawyers on this board and I'd be interested in hearing your take on this.

I recently retired as a dentist and sold my records and equipment to another guy down the street.
The dentist uninstalled a vacuum pump from the mechanical room and took it away.

The landlord for my building claims this was "permanently attached" . The relevant portion of the lease says, " Tenant will not remove any... equipment and improvements permanently attached to said premises....".

I received a certified letter from the landlord stating, "...I have to insist that any equipment that was permently (sic) attached to the building and removed, is returned and reinstalled before 1/1/2020 to cure this breach of contract," referring to the vacuum pump I assume, he just says dental equipment.
The pump is hard wired with three electrical wires and essentially screwed in to place , but this does take maybe a couple of hours of effort by someone who has experience installing equpment and not necessarily a plumber.

Normally I would just ignore this. Dental equipment is installed and uninstalled all the time, no big deal.
However this guy has a reputation of being a bully and is involved in lawsuits almost all the time. The last lessor in this space was a community health center dental clinic and they were involved in a lawsuit with this nut for several yrs. over the same thing and finally settled with him because it was costing so much.

Personally I prefer to stand up to bullies, I'm now retired and I have the time. BUT, I will be moving to Washington sometime next summer and simply do not want to get involved in a lengthy legal proceeding having to fly in to Anchorage, legal costs, etc.
And this is over a vacuum pump I can get refurbished with a warranty on eBay for $89 and have installed in a couple of hrs.
I read the relevant portion of AK real estate law and it looks like the legal question here is 'what is considered permanent attachment'.
Please advise.

the landlord tenant laws are different in every state, but what you are dealing with is called a trade fixture.......unless the lease specifically says otherwise, its yours......

also, if the law in Alaska is consistent with most states he will have to sue you in Washington, not Alaska......that is called personal jurisdiction......

found it......Alaska law is the same.......

https://alaskarealestateschool.com/c..._pre_class.pdf

However, personal property attached to real estate by a tenant for business purposes is classified as a trade, or chattel, fixture and remains personal property.

[anonymoose]

the landlord tenant laws are different in every state, but what you are dealing with is called a trade fixture.......unless the lease specifically says otherwise, its yours......

also, if the law in Alaska is consistent with most states he will have to sue you in Washington, not Alaska......that is called personal jurisdiction......

That's kinda the way I was thinking - "tools of trade". However I won't be moving until next summer although there's a strong possibility we'll purchase a house next spring at which time I could declare that as my place of residency.
The other little technicality is that I could now possibly change my place of residency to Hawaii since I own a vacation rental there and go there quite often.

[anonymoose]

'Hard wired' is usually considered 'permanently attached'. (I'm not a Lawyer either)
Like, if you have a 'push in' stove that you can plug in, that's NOT 'permanent'. But, if you have a 'push in' stove that is 'hard wired', then THAT is 'permanent equipment'.

Moose: "... sold my records and equipment to another guy down the street."
Jack: Sounds like it's HIS Problem.

Was the Vacuum Pump yours? Or was it the Landlord's?
Is YOUR name still on the Lease?

Sorry Jack, thanks for the advice but legal stuff isn't just "common sense". If this guy is right I'll acquiesce. If not I'd like to punch the bully in the nose.

[PostmodernProphet]

That's kinda the way I was thinking - "tools of trade". However I won't be moving until next summer although there's a strong possibility we'll purchase a house next spring at which time I could declare that as my place of residency.
The other little technicality is that I could now possibly change my place of residency to Hawaii since I own a vacation rental there and go there quite often.

if he gets personal service on you before you leave then you are subject to the jurisdiction of the court.......

[anonymoose]

if he gets personal service on you before you leave then you are subject to the jurisdiction of the court.......

Lease ends January 31. Let's say he sues Feb. 1. I may be able to get this done before then.
PmP - didn't you mention once you are a real estate lawyer?