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When landlords can and cannot legally own a tenant-installed device
By Robert Griswold Inman News Features
Question: In a nutshell, my husband and I rented a small home in a beach area for about a year and a half. There was no air conditioner in the home so we decided to purchase a security screen door for the front door to allow air to ventilate.
Upon our vacating, we took the door with us. The landlord threatened to sue us for the cost of the door as well as an installer since he had promised the door to the new tenants. He said it legally had become his property once we nailed it to the exterior of the home. I would assume something like a ceiling fan to become his property but I was under the impression that this was not a permanent fixture. Is this correct?
Property manager Griswold replies:
I do not believe that the security screen door qualifies as a permanently attached fixture as long as it can easily be installed or removed from the doorframe without creating damage to the structure.
In retrospect, you should have asked permission in writing to make this modification in advance and clearly indicate your desire to take the screen door with you when you moved. At this point, the most you should be responsible for is the repair of the doorframe in the event that the owner does not buy a security screen door for the new tenant.
Again, remember that any alteration should be agreed in writing in advance and would include details such as whether the improvement stays or goes, since in any other agreement the tenant typically would be responsible for any damage if the item is taken upon vacating.
By the way, I don't necessarily agree that a ceiling fan would automatically become a fixture. As long as the item can be removed and the premises returned to its original condition without any damage, then the tenant can make improvements for their own personal use and enjoyment during their tenancy.
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