Brown v. DuBois
Marion Municipal Court
532 N.E.2d 223 (1988)
Relevant factsFree
DuBois (defendant) leased commercial space from Brown (plaintiff) and installed wall-to-wall carpet, nailed to the floor via strips, both parties understanding at the start of the lease that the existing floor would need repair or covering before DuBois could open for business (with Brown agreeing in the lease to pay for floor repairs). When DuBois's lease ended, he removed the carpeting, damaging the floor somewhat in the process; Brown sued, arguing the carpet was a fixture DuBois had no right to remove.
IssueFree
Whether carpeting installed by a tenant becomes a fixture of the property if the tenant intended the carpet as a permanent improvement on the property.
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