Legal Question in Real Estate Law in California

Re: Removal of plants from rental property

Check the original rental agreement--they often state that property attached to the rental, including plants, become "fixtures" and stay with the property. This is the law even without an agreement. However, some agreements allow removal of fixtures if the property is returned in the same condition it was when you rented--thus, if the clause is there, you can take your plants and leave bare ground if you rented with bare ground, or replant ivy if you removed ivy.

As the other answers said, the path of least resistance would be an agreement from the landlord allowing removal, but I'd check your rights/responsibilities under the lease before talking with the landlord.

Re: Removal of plants from rental property

You're talking about an area of Real Property Law called "fixtures". Certain items of personal property can become fixtures when they are attached to the real property. There are several factors a court would look at to determine if something is a fixture. Some of the factors are: The degree of attachment, the intent of the parties, the harm that would be done if the item was removed, the traditional treatment of similar items.

Your best bet is to tell the landlord that you intend to remove them, that you will do it carefully, without leaving large holes in the yard, and see what he says.

Best of luck,

Ben

Re: Removal of plants from rental property

I think plants become fixtures upon planting, and belong to the landlord at the end of the lease. For the crop (the grain, fruit, flowers, etc.) the story is different; the tenant may harvest. As a practical matter, however, just ask permission.