Install of fixtures-can tenant take them back?

Question

Good Morning all!

I have a tenant that may be moving out in the next month or so. When she started renting the house, she installed new light fixtures with a ceiling fan in two of the bedrooms. It has been 2 years since she has installed them and wondering if should would want to uninstall them and take them with her, is that legal or would she have the right to do so? she paid for them out of her own pocket and never asked to be reimbursed, however, it is a part of the house now. what are your thoughts? Thanks for the feedback as I am trying to be proactive and get my "ducks in a row" in case this may be an issue coming up. Thanks!

Marcia Maynard · Answer

Our rental agreement covers this.  We don't allow tenants to mess with the electrical or plumbing components of our properties.   We will approve some modifications if we are consulted ahead of time.  Fixtures that we approve stay with the property.  We paid a tenant once to keep the light fixture that she bought and that we had installed.

I saw the coolest thing in Tokyo.  Many homes do not include built-in ceiling lights in the living, dining, and bedrooms. Instead, they have ceiling receptacles that provide both electrical connection and mechanical support for lighting equipment. Tenants provide their own light fixtures that plug into them.  When the tenant leaves they take their fixture with them.  Wish we had that here!

Gregory Rice · Answer

The simple way I handle it is by telling the tenant:

"Please install the original fixtures prior to vacating and you can take the ones you purchased. Please note if there is any damage from this transition your security deposit will be charged to offset repair costs. In addition, if no fixtures are left upon vacating unit your security deposit will be charged for the replacement of the same or similar quality product that was originally installed in the unit. I (as owner) will not be reimbursing you for the cost of said fixtures because replacement of such was not a matter of functionality in the unit but rather an aesthetic preference . Thank you and have a good day"

Aly W. · Answer

We had tenants that asked if they could install a ceiling light/fan in a bedroom that had no ceiling lights. They agreed to pay for the fixture and for my contractor to install them. The fixture was theirs when they moved. Since they'd paid for the installation, the ceiling/electrical was ready for a new fixture that we bought to replace it and everyone was happy.

If you don't want to replace the ceiling fixture, you can buy one of those round "blanks" that simply cover the hole. But a ceiling fixture is something everyone likes, and buying a new one will make your future tenants happy.

@Marcia Maynard , that's an awesome feature in Tokyo, and it sounds simple enough to replicate here. A perfect solution.

George P. · Answer

i fail to see the issue...

she got no permission to install them, but did anyway. and now you want them to stay in the house since it's been over 2 yrs?

1. why should you keep them if you didn't pay for it? it's like trying to keep her 2 year old oven/fridge. they are not yours, correct?

2. she has to return the house in original condition (old lights). if not, she will get charged for installation of old fixtures ONLY

end of story. no?

Account Closed · Answer

@Douglass Belt

My rental agreement has

ALTERATIONS AND REPAIRS. Except in the event of an emergency, no repairs, decorating or alterations shall be done by Tenant without Owner’s prior written consent. Tenant shall notify Owner in writing of any repairs or alterations contemplated. Tenant shall hold Owner harmless as to any mechanic’s lien recordation or proceeding caused by Tenant and Tenant agrees to indemnify Owner in the event of any claim or proceeding. Tenant agrees that all improvements installed in and on the Premises, including landscaping (bushes, shrubs, ground cover, trees, and flowers) shall, at the option of Owner remain with the Premises upon termination of the Lease at no cost to Owner .

You may have something like it in yours if not think about adding it.

Rich

Daniel Hoffnagle · Answer

This is an old post but for the record... Seems far to many personal opinions on this issue yet not what is legal.  This is considered an improvement to the rental property. It is illegal for the renter to remove any improvements. An exception might be that a renter asked Landlord if they can install with the understanding they intended to remove and return to original state.  From a legal standpoint any improvement by the renter has to stay and if improvement is removed the Landlord can charge the Tenant for removing the item that tenant  installed and later removed. This is law!

Marcia Maynard · Answer

I've seen ceiling fans and lighting fixtures installed incorrectly by tenants.  I've seen them literally yanked out by tenants too when they left.   Some fixtures require additional structural support and getting into the electrical is a safety concern.  Best to oversee both the installation and the disassembly.

If the tenant gave you an indication they will be moving soon, this is a good time to have a conversation with her about the whole move-out process.  Find out if she is planning to take the fixtures with her or if she wants to leave them.  If she plans to take them with her, offer to help her with the disassembly.

Sometimes a tenant will want to give you a lighting fixture and and sometimes they will want to sell it to you and sometimes they will want to keep it.  Everything's negotiable.  Talk with her now about it and you will avoid an awkward moment later.

Bill Gulley asked a fair question.

Vivian D. · Answer

i was about to post a similar question then this thread pop up. Just the info i needed and saved me time. BP forum rocks?

Douglass Belt · Answer

wow, thanks for all the comments and feedback! What a great resource this is for someone to ask a simple question, and get great advice and ideas. Thanks again!!

Bill Gulley · Answer

Bill is being harsh because the intent is clearly to keep the fans.

Last customer leaves a $5 bill for a tip. Next guy slides a napkin over it and hides it. They eat and leave the tip, it's a benefit to the customer in being perceived as having left a tip without leaving a dime.

A tenant buys a fan, the LL claims the fan, covering up his taking it with the justification that it's part of the RE. The LL then leases the property again, maybe raises the rents 10 bucks mentioning the new fans, but even if he doesn't, he is benefiting from the perception of his providing a nicer unit for lease.

Explain how that is so different.

There is a chance the tenant won't bother taking them down too, they could just leave them. I'd then wonder if a LL would still stick them with the full costs of cleaning up the place.

I'm glad to see the other ethical posts. There are those who think the only way to get ahead is to be predatory in every aspect of their dealings. if they can pinch the other guy for a quarter in a handshake they will, pitiful there are such folks, must be in their DNA......not saying the OP is at that extent but there absolutely are people like that in RE.

It boils down to ethical dealings. :)

Install of fixtures-can tenant take them back?

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