I am renting a home that is being foreclosed. I received a notice from my landlords bank stating the house will go up for auction soon. My landlord wants to come and remove fixtures from the house this weekend. Is that legal? Do I have to let her tak ...

Submitted by kristenmosher1972 on

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I am renting a home that is being foreclosed. I received a notice from my landlords bank stating the house will go up for auction soon. My landlord wants to come and remove fixtures from the house this weekend. Is that legal? Do I have to let her take things from the house?

Selected Answer: 

A fixture is an item that

Submitted by elizabethcarlsen on

A fixture is an item that would cause damage to the property if it were removed. For example, an oven or air conditioner is a fixture because removing the item from the home would cause the property to suffer damage. However, determining whether an item is personal property or a fixture can sometimes be confusing. For example, a washing machine or dryer is usually just attached to a power outlet, making the item easy to remove and most likely classified as personal property rather than a fixture.

It is unclear whether you will be held liable for the removal of these items if they are later determined to be fixtures and not personal property. It may be a good idea to contact the home insurance company to ask them what you should do. In addition, the bank may be a good resource regarding whether you should allow your landlord into the property to remove items. The homeowner’s insurance company or the bank may wish to later prosecute the homeowner to recoup any damage done to the home due to the removal of any fixtures.

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A fixture is an item that

Submitted by elizabethcarlsen on

A fixture is an item that would cause damage to the property if it were removed. For example, an oven or air conditioner is a fixture because removing the item from the home would cause the property to suffer damage. However, determining whether an item is personal property or a fixture can sometimes be confusing. For example, a washing machine or dryer is usually just attached to a power outlet, making the item easy to remove and most likely classified as personal property rather than a fixture.

It is unclear whether you will be held liable for the removal of these items if they are later determined to be fixtures and not personal property. It may be a good idea to contact the home insurance company to ask them what you should do. In addition, the bank may be a good resource regarding whether you should allow your landlord into the property to remove items. The homeowner’s insurance company or the bank may wish to later prosecute the homeowner to recoup any damage done to the home due to the removal of any fixtures.