Can I remove a deck that is not attached to my rental ifI installed it?

UPDATED: Aug 8, 2011

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Can I remove a deck that is not attached to my rental ifI installed it?

I had a platform built for my hottub to sit on at a leased home with the landlord’s permission. It is not attached to the house. I am moving and taking my hottub. The landlords says the deck is an improvement and I can’t take it with me.Can I remove if unattached and I consider it to be used in conjunction with my hottub.

Asked on August 8, 2011 Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to read your written lease with your landord over your rental carefully in that its terms and conditions generally set forth the obligations owed by you to the landlord and vice versa. Its provisions control absent contrary state law on a given subject.

If there is language in the lease about improvements to the rental unit by the tenant, its provisions should govern your dispute with your landlord over the deck you installed.

If there is no mention of improvements by the tenant on the rental unit, you should be entitled to the deck because: 1. you had it installed at your own cost, 2. the landlord gave you permission to install it, 3. at the time of installation, the landlord made no reference that he would be claiming the deck when you vacated the rental.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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