Legal Question in Real Estate Law in Illinois
improvements by tenants
My purchase agreement on rehabbed rental property had no exclusions except''tenants' personal property''.A departing tenant presents me with receipts for the front door and locks, bathroom fixtures, medicine cabinets, ceiling fans, professionally installed built-in closet system and microwave. The previous owner reportedly agreed to install them, she agreed to purchase them. His workers reportedly removed and replaced the existing fixtures. She states she will take the items if I do not reimburse her costs. Who owns what? Can she remove these items without replacing them in kind? Can I withhold the security to restore the unit to its current, purchase condition if she does? Is the previous owner responsible since he ''sold'' these items?
1 Answer from Attorneys
Re: improvements by tenants
Leases typically provide that improvements to property by lessees become the property of the landlord. What, if any, agreement -- written? -- did the prior landlord (your seller) have with this tenant regarding these improvements? Moreover, certain capital improvements to real property seem unlikely to be considered "personal property."
However, without knowing more of the facts and circumstances and a review of the law (in what town & county are you located?), it is impossible to render any meaningful advice.
-- Kenneth J. Ashman; Ashman & Griffin, LLC; [email protected]
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