Legal Question in Landlord & Tenant Law in Wisconsin
If I plant a garden while renting can I take the plants when I leave?
1 Answer from Attorneys
As a tenant, you have a duty to restore the property to its prior state when departing, which is is theoretically possible for small annual plantings, if you fill in holes, sod over garden areas you created, etc. There would come a point with trees and large shrubs, however, where they would become an improvement to real estate and therefore property of the landlord, making it improper for you to keep them. I would read your lease over carefully and discuss this concept with the landlord before you come up with a final plan, however. He might even ask you to get rid of them.
Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. See 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon . Answers may contain attorney advertising materials. .