Legal Question in Landlord & Tenant Law in California

Tenant Removal of Plants

My husband and I have a single-family rental house which the tenants have improved by adding plants to the yard. They have given notice that they'll be moving April 30th, and we will be putting the house up for sale. They have removed 4 palm trees from the front yard and we've told them that they'll need to fill the holes and reseed. We've told them that we're willing to pay them to leave other plants they've added since they add to the house's value. Also, if the plants are removed, the areas will not fill in prior to the house being listed for sale. However, they're asking for considerably more than we feel is reasonable. Is there a California law that requires them to leave improvements they've added if removing it would cause damage to the property?


Asked on 4/12/04, 1:22 pm

1 Answer from Attorneys
Martin Snitow

Re: Tenant Removal of Plants

Anything attached to your property, including landscaping, becomes the property of the landlord. If they wanted to take their plants with them, they should have kept them in flower pots.

Look at your lease. If you use a standard form, it may specify something about "fixtures" which is the legal term for things attached to the property. Civil Code �660. You don't owe them a cent, and could sue them for triple damages for removing trees under a law that applies only to trees or shrubbery. Code of Civil Procedure �733.

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Answered on 4/12/04, 3:32 pm


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