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BulletCatcher · 01-11-2008, 11:13 AM

I'm not sure if this is the correct place to post this so if it belongs somewhere else on the forum, please feel free to move it.

That being said, here is my problem....

As the tenant, I installed a backyard fence at my own cost with the landlord's permission in the summer of 2006. No notification was given at that time by the landlord that if a fence was installed, it would become their property as it is considered a fixed improvement to the property.

I recently purchased a house and gave the landlord the required 60 day notice to vacate. Shortly after giving the notice the landlord's real estate agent came to the home to inform us that the landlord has decided to sell the property instead of renting it again. At this time, the agent toured the property and we informed him that we installed the fence ourself and we intened on taking it with us when we leave. The agent stated that he was not informed the fence did not belong to the landlord and that it was a selling point for him so he perferred that it stay on the property.

After this we attempted to contact the landlord via phone but never received a call back. We made several attempts since then to contact the landlord, both by phone and in writing concerning the fence but have received no reply. Yesterday (Thursday, January 10, 2008), the real estate agent dropped a letter off at the property from a Law firm stating that the fence was was considered a fixed improvement an therefore is to remain on the property. The agent also informed us at this time the house has been sold and the fence was part of the inclusions for the sale and that we are not to remove it.

I then called the landlord yet again and this time they called me back finally after a month and a half of trying. The landlord's stance is that it does not matter if we paid for the fence and installed it ourselves, the fence belongs to them. I reminded them that I paid for the fence out of my own pocket and nothing was said when the OK was given to install the fence that we would not be able to take it with us when we moved. The landlord stated it didn't matter that any fixed improvement made during the rental period is considerd permenant and property of the lessor and not the tenant no matter who pays for it.

I have checked the lease that we signed and there is nothing in the lease stating this. This combined with the fact that nothing was said when the OK was given leads me to believe that I am entiltled to fair compensation by the landlord for the improvement made to the property if I am not allowed to take what I paid for with me. Do I have just cause to seek payment from the landlord or am I out the price of the fence?

01-11-2008, 11:13 AM	#1 (permalink)
BulletCatcher Crazy Location: America's Outback	Tenant/Landlord Fence ownership issue I'm not sure if this is the correct place to post this so if it belongs somewhere else on the forum, please feel free to move it. That being said, here is my problem.... As the tenant, I installed a backyard fence at my own cost with the landlord's permission in the summer of 2006. No notification was given at that time by the landlord that if a fence was installed, it would become their property as it is considered a fixed improvement to the property. I recently purchased a house and gave the landlord the required 60 day notice to vacate. Shortly after giving the notice the landlord's real estate agent came to the home to inform us that the landlord has decided to sell the property instead of renting it again. At this time, the agent toured the property and we informed him that we installed the fence ourself and we intened on taking it with us when we leave. The agent stated that he was not informed the fence did not belong to the landlord and that it was a selling point for him so he perferred that it stay on the property. After this we attempted to contact the landlord via phone but never received a call back. We made several attempts since then to contact the landlord, both by phone and in writing concerning the fence but have received no reply. Yesterday (Thursday, January 10, 2008), the real estate agent dropped a letter off at the property from a Law firm stating that the fence was was considered a fixed improvement an therefore is to remain on the property. The agent also informed us at this time the house has been sold and the fence was part of the inclusions for the sale and that we are not to remove it. I then called the landlord yet again and this time they called me back finally after a month and a half of trying. The landlord's stance is that it does not matter if we paid for the fence and installed it ourselves, the fence belongs to them. I reminded them that I paid for the fence out of my own pocket and nothing was said when the OK was given to install the fence that we would not be able to take it with us when we moved. The landlord stated it didn't matter that any fixed improvement made during the rental period is considerd permenant and property of the lessor and not the tenant no matter who pays for it. I have checked the lease that we signed and there is nothing in the lease stating this. This combined with the fact that nothing was said when the OK was given leads me to believe that I am entiltled to fair compensation by the landlord for the improvement made to the property if I am not allowed to take what I paid for with me. Do I have just cause to seek payment from the landlord or am I out the price of the fence?