When does an improvement become part of the property?Tenants want to install disposal

[Amanda Thompson]

Our tenants want to install a new garbage disposal. They would be purchasing it, and they asked if they had permission to install it. I made sure to let them know we would not be maintaining it and they were responsible for it. My husband (we own the property and I manage it through my business) said he would professionally install it for free (to make sure it was done correctly) but once the appliance is installed, it becomes part of the property and the renters can't take it with them when they leave. I read through the lease carefully and it doesn't specify what to do in this situation (something to add to future leases). The property originally had a garbage disposal (which is now leaking) but the owner has phased out having garbage disposals in rentals and offered to come remove the disposal (at no cost to the renter, of course). 

Do you agree that this type of improvement becomes part of the property? Or do you think the renter should be able to take it with them when they eventually move out?

[Jim K.]

@Amanda Thompson

This will breed bad faith. Just try to look at it from your tenant's point of view.

There was a working garbage disposal when they rented the place, and it broke. I think we can all take it as a given that the tenants first requested a new disposal. They were denied and told their old disposal would be removed, they offered to pay for a new disposal, they were told that they could but they couldn't install it or have it installed, but the LL/owner would install it and from that point on take possession of it.

So basically they either have to pay more to live in a house with the same functionality or pay the same to live in a house with less functionality. Because the landlord said so.

And remember, this is over a $150 item. Sure, they break frequently and it's wise to phase them out in cheaper housing. But it do between tenants.