Legal Question in Real Estate Law in California
I purchased a bank foreclosure home "As is" and the former owner is still in the property. This owner wants to remove a light fixture that is installed to the ceiling and saids its personal property not a fixture. Which is it?
How about the stove, dishwasher and refrigerator?
3 Answers from Attorneys
Any item attached is a fixture, and not removable. By the way, that is not an 'owner', but a tenant. Either tell him to pound sand, or negotiate reasonably with him, but it is yours, not his.
It's a fixture. If he removes fixtures, you can sue him for waste.
The chandelier (lat's call it that so we aren't stuck with the "f" word from the get-go) is probably a fixture, especially if it is wired in rather than plugged in, and it makes no difference whether the tenant paid for it and installed it himself. Upon installation, it became a "fixture" and lost its personal-property character. It is now part of the real estate.
As to the refrigerator, stove and diswasher, generally pretty much the same rules apply. A dishwasher is pretty much always going to be a fixture, unless it's one of those 'portable' models, and same with the fridge and stove, although some very light and portable models might possibly slip into the personal-property category. However, you might want to refer back to the prior landlord's lease to see if it mentioned those items as included or not.