Legal Question in Real Estate Law in California
When I rented my house, all of the flower beds were empty. 5 years ago, a friends gave me 3 Plumeria clippings. One, I put in a pot. The other I planted in a raised flower bed along the side of the house. The brick flower bed is attached to the house, is about 2-1/2 feet high by about 7 feet long and the floor of it is concrete. The plants are now about 3-1/2 feet tall. This year after a lot of care, they finally started to bloom. I just moved, put them into portable pots and took them with me leaving the flower bed clean (and free of weeds). The landlord is now accusing me of grand theft. Please advise.
2 Answers from Attorneys
First, you cannot be guilty of theft. The only way the landlord could claim ownership of the plants is if they had become part of the real estate (which is possible), but real estate cannot be the subject of theft. No D.A. in his or her right mind would charge you with theft.
More realistically, I'd say the plantings were "good-faith improvements to the land of another" as meant in Civil Code section 1013.5, which I encourage you to look up and read.
Under CC 1013.5, if you meet the test of good faith, etc., you have a right to remove the plants and take them with you, but you must pay for any damage caused by their removal. Under the circumstances you describe, it sounds as though the landlord won't be any worse off than at the time he rented to you, so his damages ought to be zero.
I agree with Mr. Whipple, but my concern is whether you have been charged, or just worried because this person is claiming that you have committed grand theft. There is a substantial difference between the two.
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