Full question:
Tenant made improvements to the 2 car garage, divider wall, wood floor and insulation without informing me. Now he is leaving (actually gone) to take a new job. He wants $$$ for the lumber or says he will tear it out. I have new tenants in the house.
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Colorado
Answer:
If the tenant no longer occupies the property, they cannot enter without your permission or a court order. To claim damages, the tenant would likely need to file a court claim, and it would be up to the court to determine the outcome based on the facts and documents presented.
Generally, improvements made by a tenant that are permanently attached to the property become part of the real estate. Trade fixtures, which are unique to a business, can be removed by a tenant if it does not damage the property. However, the tenant is responsible for any damage caused by such removal. In the U.S., a sale of land usually includes any permanent fixtures unless specifically excluded. Trade fixtures differ from other fixtures, which are considered improvements that must remain when the tenant vacates.
Factors that help determine whether an item is a fixture include how permanently it is attached to the property, whether it can be removed without causing damage, how well it fits the property's intended use, and the intention of the person who installed it.
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.