Full question:
Is a propane gas space heater which is only attached to a fuel line but not affixed to anything using any type of permanent means such as nails, screws, cement, bolts, etc., but is only free standing is this a fixture or a appliance?
- Category: Personal Property
- Date:
- State: Wisconsin
Answer:
The relationship between landlord and tenant is defined by their lease agreement, which outlines their rights regarding fixtures and appliances. Review your lease for definitions of alterations, improvements, and trade fixtures to understand your rights and obligations regarding the heater.
Generally, items permanently attached to a property become part of the real estate. However, a trade fixture, which is unique to a business, can be removed by a tenant if it does not cause damage to the property. Trade fixtures are installed for business purposes and can be taken by the tenant before the lease ends, but the tenant must repair any damage caused by the removal.
In the U.S., a sale of land typically includes permanent fixtures unless specifically excluded. Factors determining whether an item is a fixture include how permanently it is attached, its adaptation for the property's use, and the intent of the person who installed it.
For more information, refer to relevant statutes, such as WI Stat. § 411.309, which discusses the rights of lessors and lessees concerning fixtures.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.