Legal Question in Landlord & Tenant Law in California
Kitchen Appliances- who owns them?
I have lived in a rent stabilized
apartment in Los Angeles
since 1996. When I
moved in, my lease stipulated that
I would be leasing apt ''as is''
and also, under ''Owner's Personal
Property'', it said ''NONE''.
However, the kitchen had a
stove, refrigerator and
dishwasher. Of these three
appliances, only the dishwasher
has had any problems.
When it broke, landlord installed a
new one at his expense And he
has always paid for repairs to it.
He died and his son took over the
property. Son is now selling the
building and wants me to sign an
estoppel certificate.
I asked him to clarify ownership of
dishwasher, and he claims that it
must have been a ''gift'' from his
father and that all repairs were
done as a ''favor''. He says it's
mine.
I'm puzzled by this sudden ''gift''.
I'm worried that if I sign the
estoppel certificate, I will be
now be responsible for all repairs
for dishwasher especially given its
propensity to break down and
leak!
Is it reasonable and/or legal for me
to add some words on the
escoppel certificate that the
dishwasher belongs to the owner?
Many thanks in advance!
1 Answer from Attorneys
Re: Kitchen Appliances- who owns them?
You are very welcome. "Thanks" are few and far between at Law Guru.
Under real property laws, anything attached to apartment (or gouse) is a "fixture", i.e. refrigerators, drapes, water heaters, air conditioning, etc. Fixtures remain with the property.
If dishwasher is a roll around type, it is yours, and, if not, it goes with the property.
By signing the estoppel certificare, you give up all rights to the dishwasher. It is rare for these to be signed by a renter. Here is more information on "estoppel".http://definitions.uslegal.com/t/tenant-estoppel-certificate/
If you do not want the dishwasher, sign the form.