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Posted by Robert E. Sokolski, Esq. on December 10, 1998 at 21:45:45:

In Reply to: Re: Who's property is it? Landlord or Tenant posted by whatever on December 10, 1998 at 17:48:26:

: : My friend is renting a house and is to move out this month. She had put up shutters inside in the the living room and a mantel. The landlord says that any improvments she made to the property while living there is now her property and my friend may not remove them. The landlord says this is the law. Is that correct?

: Yes, a permantly attached fixture to a rental unit is techinically the landlords
: property. However, unless he has a picture/video tape of it, take it with you
: use your deposit as your last months rent and don't give him your forwarding
: address. If you are not willing to do that, just leave the stuff.

The rule of thumb is that property which may be removed without
damaging the landlord's property is not "permanently attached" and
may be removed.

Follow Ups:

• Re: Who's property is it? Landlord or Tenant DF 12/30/98 (0)

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Comments:
: : : My friend is renting a house and is to move out this month. She had put up shutters inside in the the living room and a mantel. The landlord says that any improvments she made to the property while living there is now her property and my friend may not remove them. The landlord says this is the law. Is that correct?

: : Yes, a permantly attached fixture to a rental unit is techinically the landlords
: : property. However, unless he has a picture/video tape of it, take it with you
: : use your deposit as your last months rent and don't give him your forwarding 
: : address. If you are not willing to do that, just leave the stuff.    

: The rule of thumb is that property which may be removed without 
: damaging the landlord's property is not "permanently attached" and
: may be removed.


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