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!


Asked on 6/29/08, 7:53 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

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.

Read more
Answered on 6/30/08, 11:11 am


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