this is related to real property vs personal property- the landlord believes it should stay becase it is a fixture-
2007-08-16 19:10:19 · 7 answers · asked by speedy 1 in Business & Finance ➔ Renting & Real Estate
I've always heard that "anything that's *attached* to the apartment, stays with the apartment"... So unless you can unbolt it, TECHNICALLY it belongs to the landlord now... You might need to reimburse him for damages though if you insist on taking it and damage the wall or floors in the process. It depends how permanent the bolts are...
If you install new cabinets for example, you cannot take them with you when you leave. You permanently attached them to the apartment, so they are part of the apartment now.
Same goes for anything attached to the plumbing or electricity. If you paid to put in a new sink or shower head, you cannot take it with you, regardless of the fact that you paid for it. Or you need to at least replace it with equipment equivalent to what was there when you moved in... Which might be more trouble than it's worth. The apartment must be in the same (or better) condition than it was when you moved in.
How much did you pay for the bookcase? It might be cheaper to just forget the whole thing and buy/make a new one. If you take it out and damage anything, you will need to pay for it or pay for the supplies to fix it yourself (plus wasting your time to fix it). If it was worth less than $100, I'd say just leave it, it's not worth it. But if you are attached to it, then try and take it with you. I doubt the landlord will bother hiring a lawyer and suing you or anything. It's kind of a "iffy" situation that has no clear ownership I guess. Solidly bolted to the floor/walls means it's the landlords, being able to unbolt the bookcase makes it yours. I've never seen said bookcase, so I'm not sure how it is.
Good luck though.
2007-08-16 19:19:22 · answer #1 · answered by chica_zarca 6 · 3⤊ 0⤋
Assuming the tenant brought the bookcase onto the property, the bookcase is his personal property, regardless of how he secures it in the rental. Even if the tenant put up window coverings, those coverings are his when he leaves if he chooses to take them. So long as the tenant leaves the place in same condition he moved into it is what matters, so any holes/damage must be repaired, any modifications to accommodate the bookshelf removed, and the wall restored to its original state. Just because he secures the bookcase to a wall doesn't automatically qualify it as a permanent fixture. Intent comes into play, and the landlord is wrong to think he can claim another person's personal property. Hope this helps :)
2007-08-17 02:26:16 · answer #2 · answered by J k 3 · 0⤊ 2⤋
Who paid for the bookcase? Who bolted it to the wall.
The tenant?
Produce receipts. Repair hole, Use filler, sand, repaint, leave the way it was when you found it.
No money? Leave it . It is not worth the hassle. Bookcases are cheap. If you live in a university town, leaving students just leave them out in the yard, or street for garbage pickup or for other students who need furniture.
2007-08-17 02:21:20 · answer #3 · answered by QuiteNewHere 7 · 1⤊ 0⤋
If the tenant put the bookcase in, then it's his. He should be responsible for repairing the wall when he takes it out, though.
If it was already there and he just bolted it to the wall, then it's the landlords.
2007-08-17 02:15:32 · answer #4 · answered by Mnementh 4 · 1⤊ 1⤋
It is still the personal property of the tenant. You will have to fix the wall and use his security deposit to do it.
2007-08-17 17:55:54 · answer #5 · answered by VOLLEYBALLY 4 · 0⤊ 0⤋
technically, it is the property of the rental. but if the bolts were removed...
2007-08-17 02:34:31 · answer #6 · answered by 98765 3 · 0⤊ 0⤋
the tenant. Your landlord is an idiot.
2007-08-17 02:15:58 · answer #7 · answered by Anonymous · 1⤊ 3⤋