Legal Question in Real Estate Law in Georgia
Improvements made by tenant
A tenant rented a mobile home and lot for about three years. During this time the tenant erected a 10 ft by 18 ft.
storage building on the property. The buiding is constructed just like a house with floor joists, stud walls, ceiling joists,roofing and wood siding on a cement block pier foundation. The tenant did not ask for permission to build the building but I did not object to his building it. The tenant recently moved without giving notice and returned the keys to me. Now about two weeks later the tenant says he is going to move the building away from the property. Does he have a right to do this?
The tenant owed for half months rent or about $215.00 plus when they moved out they left two truck loads of junk that I had to haul off at my expense ($200.00). He says he is going to move it or else tear it down. Can I call the police when he tries to do this? Please hurry with an answer.
1 Answer from Attorneys
Re: Improvements made by tenant
The storage building has become a "fixture" on the land. In the absence of an agreement allowing him to remove the storage building (a fixture), He may not do so. What he has done is voluntarily improve the property at his expense. He got the value of it while he was a tenant, but risks losing it when he leaves. The Rule is opposite for trade fixtures. Suppose, it was sometype of specialize building that could only be used for a blacksmith or repair of certain auto parts or something. Then the tenant "may" (some of the law is unclear here) remove the trade fixture, even though it is permaently attached to the property. However, almost all the cases concern a commercial tenant. This is clearly a residential tenant and the Rule should not apply in this case. The controling code section is OCGA 44-7-11. I will send you the full text per your other email. 44-7-11 Specific rights of tenants.
The tenant has no rights beyond the use of the land and tenements rented to him and
such privileges as are necessary for the enjoyment of his use. He may not cut or destroy
growing trees, remove permanent fixtures, or otherwise injure the property. He may use
dead or fallen timber for firewood and the pasturage for his cattle.
Under this fact pattern, you should be able to have the police stop his demolition of the out building. HCW
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