Depends.... 1. Read the lease - it may be covered / should be covered. 2. Trade fixture - unlikely unless it is branded as in for a franchise operation. 3. Anything permanently attached to a building could be construed as part of the real property. 4. If the awnings are removed - tenant would be responsible for making any repairs to the building to make it as if the awning was never there. Typical well done commercial leases will address such issues and/or be addressed in rules / regs / special provisions - prompted by the tenant necessarily having to have the approval of the landlord to install to begin with - which would include approval of color, size, type, location, etc. and at that time would have prompted language to address eventual removal / repair, etc. when tenant moves out.
Chris Rosprim, CPM / Commercial Property Manager, Scott Brown Commercial, Denton, TX
Dec 1, 2009