Legal Question in Landlord & Tenant Law in California
Tenant claim on abandoned property
A tenant moved out of my rental house a few years ago, and now wants to remove a security system that he installed while he was living there. I do not want to disturb the current tenants, and I do not want to repair and repaint areas where the security systems fixtures would be removed. As a side issue, he made some unauthorized changes to the electrical wiring, which cost me several hundred dollars to repair after he moved out. Does he have any legal claim on the security system?
2 Answers from Attorneys
Re: Tenant claim on abandoned property
No, I do not believe he does. If it's a fixture, it stays with the real property. Additionally, if it's more than two years, the statute of limitation might bar his success if he decides to sue. You have up to three years from the date of damage to bring suit for damage to real property under Code of Civil Procedure section 338.
Re: Tenant claim on abandoned property
I totally agree with Mr. Cohen.
Even though the tenant installed it, the law regards anything firmly attached as a "fixture" and that stays with the real property.
Mr. Cohen has given you a very thorough answer, and I would follow his advice.
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