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Agitator · Mar 14, 2009, 12:04 AM

I leased property to an individual three years ago, recently I had to terminate
The lease for nonpayment.
Lessee constructed a metal building and installed a cain link fence around this property.
Question: Does lessee have right to remove building and fence?

excon · Mar 14, 2009, 03:29 AM

Hello A:

It depends on what your lease says. Most say things like the tenant is precluded from making any structural changes without permission from the landlord...

If they didn't get permission to build the structure, and it's considered a FIXTURE, it would be my view, that the tenant CAN'T remove them.

excon

LisaB4657 · Mar 14, 2009, 07:10 AM

excon is right (as usual). If the lease does not specifically address the issue, then common law says that if a tenant adds a fixture to property (anything that is permanently affixed and can't be removed without some damage to the property) then the fixture becomes the landlord's property after termination of the lease.

ScottGem · Mar 14, 2009, 07:38 AM

Just to add, if the tenant does remove the fixtures and, in doing so, damages the property, they are responsible for repairing those damages.

The chain link fence is definitely in the category of a fixture, the metal shed, especially if it is one of those lightweight aluminum ones, might not be. But if removing it leaves a dead spot where it sat, they are responsible for restoring the property.