Legal Question in Landlord & Tenant Law in California
We put up a fence aound the pool with the landlord's permission. However, since then the owner switched management companies. We have moved out taking the fence with us. The current management company is telling us to return the fence, which we purchased, or they will with hold our deposit. Can we lose our deposit for not returning the swimming pool fence that we purchased?
1 Answer from Attorneys
Depends on how the fence was installed. If it was not permanently affixed to the real property, meaning nothing was left behind of the structure and no damage to the structure other than minor things equivalent to picture nail holes and the like, then it's yours. If there was any permanent installation that had to be removed, then it belonged to the landlord once you installed it.
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