Legal Question in Real Estate Law in California
renting a room in my house
If a tenant installs a window air
conditioner in a house I own can they
take it with them when they move or
does it become my property?
Asked on 4/12/08, 3:17 am
2 Answers from Attorneys
JOHN GUERRINI
THE GUERRINI LAW FIRM - COLLECTION LAWYERS
Re: renting a room in my house
No. It is the personal property of the tenant. Unless it becomes what is legally known as a fixture, it can be removed. For example, if your tenant installed an HVAC unit at the property, it would become a fixture and could not legally be removed. If the tenant built a brick barbecue pit; it would become a fixture.
A window A/C is likely no different (in the legal sense) than a set of lawn furniture. Both get taken by the tenant when the tenant leaves.
Answered on 4/12/08, 2:47 pm
Robert F. Cohen
Law Office of Robert F. Cohen
Re: renting a room in my house
It's not a fixture, so it belongs to the tenants.
Answered on 4/12/08, 3:29 am
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