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?


Asked on 1/06/11, 12:22 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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.

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Answered on 1/11/11, 12:33 pm
Anthony Roach Law Office of Anthony A. Roach

It's a fixture. If he removes fixtures, you can sue him for waste.

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Answered on 1/11/11, 8:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 1/13/11, 5:35 pm


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