Background:
Frank’s health condition was not only tragic, but it led to further litigation. Frank, d/b/a (doing business as) “The Sottolano Firm”, had entered into an agreement with B.O.A. real estate for the use of office space within the Century Center. The lease was for a period of three years and permitted Frank to make certain improvements to the space. The improvements contemplated were as follows:
-the installation of a security system
-installation of hardwood floors
-installation of wall cabinets for file storage
-construction of a kitchen that included a sink, fixed cabinets, dishwasher and a refrigerator
The kitchen was also furnished with a counter-top microwave, a free-standing pantry and a set of tables and chairs that had been in his family for 3 generations.
Frank defaulted upon the lease after only 11 months. B.O.A. demanded possession, the keys and prohibited Frank or his representatives from being on site following notification of default.
Question :
What items, if any, should Frank be permitted to remove from the premises? In your answer, use the court’s decision in Herron v. Barnard to support your argument.