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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

 


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